City of St. Louis v. Niehaus
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction.— Hon. Benjamin J. Klene, Judge. (1) Said ordinance is void as being in conflict with provisions of the Act of Congress, approved June 30, 1906, known as the “Pure Food and Drug Act,” and the standards and regulations of the Department of Agriculture of the United States used and applied in regulating commerce between the states.
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Appeal from St. Louis Court of Criminal Correction.— Hon. Benjamin J. Klene, Judge. (1) Said ordinance is void as being in conflict with provisions of the Act of Congress, approved June 30, 1906, known as the “Pure Food and Drug Act,” and the standards and regulations of the Department of Agriculture of the United States used and applied in regulating commerce between the states. The evidence shows that said milk was shipped to defendant from Illinois and hence was within the laws of interstate commerce, relative to food products. State v. Railroad, 212 Mo. 680; Cooley’s Const. Lim. (7 Ed.)…
1Opinion of the CourtLamm, J.
The complaint charged that on the 2d day of July, 1909, at a named place in St. Louis, defendant had in his possession with intent to sell and offer and expose for sale skim milk, adulterated, in that a substance, water, had been mixed with it so as to. lower and depreciate its strength and quality, contrary to the ordinance in such case made and provided.
This is one of eight companion cases ‘(Ameln’s, Heilman’s, Meyer’s, Kruempeler’s, Schulte’s, Scheer’s, Jud’s and the instant ease — all handed down at this delivery and reported in this Report, and in 235 Mo.), testing St. Louis milk…
2Cases cited7 opinions
- McCaffrey v. The Clara & The RelianceCourt of Appeals for the Second Circuit · 1893
- Hunter v. New York, Ontario & Western RailroadNew York Court of Appeals · 1889
- Town of Canton v. McDanielSupreme Court of Missouri · 1905
- United States v. BedgoodDistrict Court, D. Alabama · 1891
- Campbell v. WoodSupreme Court of Missouri · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- De Luca v. Board of Park CommissionersSupreme Court of Connecticut · 1919
- State v. KellySupreme Court of Missouri · 1976
- McCleave v. John J. Flanagan Co.Supreme Court of Connecticut · 1932
- Batcheller v. CommonwealthSupreme Court of Virginia · 1940
- Schilling v. Bi-State Development AgencyMissouri Court of Appeals · 1967
6 more not listed; retrieve them via the Exa API.