Matter of Sausser v. Dept. of Health

Hiscock, Ch. J.

The petitioner became the proprietor of an X-ray laboratory which he desired to operate in the city of New York. Section 107 of the Sanitary Code of that city provided: “No person shall maintain, operate or conduct an X-ray laboratory * * * wherein radio-graphs are taken, diagnoses made or human beings examined or treated by X-rays, without a permit therefor issued by the Board of Health, or otherwise than in accordance with the terms of said permit and with the regulations of the said Board.” Supplementary to this section the board adopted a regulation providing: “ Every X-ray…