Legal Opinion

Deems v. Mayor of Baltimore

Court of Appeals of Maryland

Decided December 18, 1894PublishedCited by 51 opinions

Appeal from Circuit Court No. 2, of Baltimore City. The bill of complaint in this case alleged that certain officers of the Board of Health of Baltimore City, acting under an ordinance of tne city, had destroyed a quantity of milk belonging to the appellant, and had declared their purpose to destroy all milk belonging to the appellant and other daily men which, after -inspection by means of a mechanical instrument known as the “Lactometer,” and by a test taken with Litmus…

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Appeal from Circuit Court No. 2, of Baltimore City. The bill of complaint in this case alleged that certain officers of the Board of Health of Baltimore City, acting under an ordinance of tne city, had destroyed a quantity of milk belonging to the appellant, and had declared their purpose to destroy all milk belonging to the appellant and other daily men which, after -inspection by means of a mechanical instrument known as the “Lactometer,” and by a test taken with Litmus paper, they should conclude not to be of the standard prescribed by the ordinance. The bill .averred that the said…

1Opinion of the CourtRobinson, C. J.

In addition to the general powers conferred on the Mayor and City Council by sec. 378, Art. 4, Code Public Local Laws, to pass ordinances to preserve the health of the city, the Act of 1894, chap. 53, expressly authorizes them to provide by ordinance for the proper inspection of milk and all other food products offered for sale in the city, and to make such regulations in regard to the sale of the same as they may deem necessary to protect the public health.

It was in pursuance of .these powers that Ordinance No. 87, -now in question, was passed. This ordinance makes it unlawful for any person…

2Cases cited5 opinions

  1. Train v. Boston Disinfecting Co.Massachusetts Supreme Judicial Court · 1887
  2. Holland v. Mayor of BaltimoreCourt of Appeals of Maryland · 1857
  3. Boehm v. Mayor of BaltimoreCourt of Appeals of Maryland · 1884
  4. Page v. Mayor of BaltimoreCourt of Appeals of Maryland · 1871
  5. Henderson v. Louisville & Nashville RailroadSupreme Court of the United States · 1887

3Cited by51 opinions

  1. Huston v. City of Des MoinesSupreme Court of Iowa · 1916
  2. City of El Reno v. Cleveland-Trinidad Paving Co.Supreme Court of Oklahoma · 1910
  3. Hutchinson Ice Cream Co. v. IowaSupreme Court of the United States · 1916
  4. Tighe v. OsborneCourt of Appeals of Maryland · 1926
  5. State v. HymanCourt of Appeals of Maryland · 1904

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