Legal Opinion

Lang's Creamery, Inc. v. City of Niagara Falls

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 1928PublishedCited by 9 opinions

1Opinion of the CourtTaylor, J.

On May 23,1921, the city of Niagara Falls passed the following ordinance, which is known as chapter XVII, section 13-a:

“No milk or cream shall be sold or offered for sale as ‘ pasteurized ’ milk or cream unless the same shall have been 1 pasteurized ’ within the limits of the city of Niagara Falls.”

The violation of this section is made a misdemeanor by section 1 of chapter 27 of the city ordinances.

*484“ Subject to the Constitution and general laws of this State, every city is empowered: * * *

“ 13. To maintain order, enforce the laws, protect property and preserve and care for the safety, health,…

2Cases cited10 opinions

  1. Forster v. . ScottNew York Court of Appeals · 1893
  2. People Ex Rel. Lodes v. Department of HealthNew York Court of Appeals · 1907
  3. Lincoln Trust Co. v. Williams Building Corp.New York Court of Appeals · 1920
  4. City of Rochester v. . WestNew York Court of Appeals · 1900
  5. Matter of Stubbe v. . AdamsonNew York Court of Appeals · 1917

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3Cited by9 opinions

  1. Natural Milk Producers Ass'n v. City & County of San FranciscoCalifornia Supreme Court · 1942
  2. Martin G. Imbach, Inc. v. DeeganCourt of Appeals of Maryland · 1955
  3. Lesron Junior, Inc. v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1961
  4. Hanover Fire Insurance v. Morse Dry Dock & Repair Co.New York Supreme Court · 1934
  5. McKenna v. City of GalvestonCourt of Appeals of Texas · 1938

4 more not listed; retrieve them via the Exa API.

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