Waters v. Townsend
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Duffie, Judge. STATEMENT BY THE COURT. Appellee, J. A. Townsend, was the owner of a house and lot in the city of Hot Springs. The board of health of said city, composed of W. W. Waters and other appellants, caused this house to be torn down and removed. Townsend thereupon brought this action against them to recover damages occasioned to him by the removal of such house.
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Appeal from Garland Circuit Court. Alexander M. Duffie, Judge. STATEMENT BY THE COURT. Appellee, J. A. Townsend, was the owner of a house and lot in the city of Hot Springs. The board of health of said city, composed of W. W. Waters and other appellants, caused this house to be torn down and removed. Townsend thereupon brought this action against them to recover damages occasioned to him by the removal of such house. The defendants for answer alleged that, by the laws and ordinances of the city of Hot Springs, they constituted the board of health of said city, charged with the duty of…
1Opinion of the Court
Riddick, J.,
(after stating the facts). The question presented by this appeal is, whether a city council can confer upon the board of health power to abate nuisances dangerous to the public health. The circuit judge charged the jury at the trial that the city council had no such power, but that was before the case of Gaines v. Waters was determined by this court. We said there that the “contention that the city council could not delegate to the board of health the power to determine judicially that a certain structure is or is not a nuisance has no bearing on the case, for- the reason that the…
2Cases cited2 opinions
- Gaines v. WatersSupreme Court of Arkansas · 1898
- Aull v. City of LexingtonSupreme Court of Missouri · 1853
3Cited by4 opinions
- Kirkland v. StateSupreme Court of Arkansas · 1904
- Lonoke v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1909
- Fort Smith v. RobertsSupreme Court of Arkansas · 1928
- Opinion No., Arkansas Attorney General Reports1995