Bryan v. City of Chester
Supreme Court of Pennsylvania
Appeal, No. 379, Jan. T., 1904, by defendants, from decree of C. P. Delaware Co., Sept. T., 1904, No. 142, on bill in equity in ease of Eugene H. Bryan v. City of Chester, H. H. Houston, mayor, William Leary, chief of police, Robert Smith, alderman, and James Mullen, police officer. Bill in equity for an injunction to restrain interference with a billboard.
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Appeal, No. 379, Jan. T., 1904, by defendants, from decree of C. P. Delaware Co., Sept. T., 1904, No. 142, on bill in equity in ease of Eugene H. Bryan v. City of Chester, H. H. Houston, mayor, William Leary, chief of police, Robert Smith, alderman, and James Mullen, police officer. Bill in equity for an injunction to restrain interference with a billboard. Before Johnson, P. J. On December 1, 1903, the city of Chester passed an ordinance, section 1 of which is as follows : “ It shall be unlawful for any person, firm, corporation or company to erect and construct within the city limits any…
1Opinion of the Court
Opinion by
Mb. Justice Brown,
Under the police powers of a municipality it may prohibit the erection of insecure billboards within its limits, prevent the exhibition from secure ones of-immoral or indecent advertisements or pictures and protect the community from any actual nuisance resulting from the use of them. But this is not what the city of Chester attempted to do by its ordinance of December 1, 1903.
*262There is a recital in the preamble of the ordinance that, in the sense of councils, showbills and advertising boards are unsightly, and very often are either a nuisance or create one; and…
2Cases cited1 opinion
- Yates v. MilwaukeeSupreme Court of the United States · 1871
3Cited by61 opinions
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- Lord AppealSupreme Court of Pennsylvania · 1951
- Gambone v. CommonwealthSupreme Court of Pennsylvania · 1954
- Kline v. HarrisburgSupreme Court of Pennsylvania · 1949
- Metromedia, Inc. v. City of San DiegoCalifornia Supreme Court · 1980
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