The People of the State of New York, Appellant, v. William B. Waters et al., Respondents

The People of the State of New York, Appellant, v. William B. Waters et al., Respondents. (Argued May 6, 1907; decided May 21, 1907.) People v. Waters, 114 App. Div. 669, affirmed. Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 18, 1906, affirming a judgment in favor of defendants entered upon a verdict in an action to recover a penalty for a violation of section 27 of the Agricultural Law in the sale of renovated butter. William B. Jaeleson, Attorney-General (Martin F. Dillon of counsel), for appellant. Edward W Gregg for respondents. [MAJORITY] Judgment affirmed, with costs, upon the ground that while an oral warning by the seller that the butter is renovated butter is no excuse for a failure to comply with the statute, still, in view of the concession that the tub was marked according to the statute, the charge of the judge was "wholly immaterial; no opinion. Concur: Gray, O’Brien, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: Cullen, Ch. J.