Philadelphia v. Provident
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. Nos. 6, 7 January Term 1890, Sup. Ct.; court below, Nos. 124, 125 September Term 1885, C. P. No. 3. On December 21, 1885, an amicable action, as in a scire facias sur municipal claim, was begun by the city of Philadelphia against the Provident Life & Trust Company, Eliza Bouvier, et al., registered owners. Issue.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. Nos. 6, 7 January Term 1890, Sup. Ct.; court below, Nos. 124, 125 September Term 1885, C. P. No. 3. On December 21, 1885, an amicable action, as in a scire facias sur municipal claim, was begun by the city of Philadelphia against the Provident Life & Trust Company, Eliza Bouvier, et al., registered owners. Issue. At the trial of this cause and another like it, together, on November 15, 1888, the plaintiff put in evidence municipal claims, against certain lots described, reciting that the Board of Health of the…
1Per curiam
We have no doubt of the power of the board of health to *226declare and abate nuisances. So much was decided in Kennedy v. Board of Health, 2 Pa. 366. It was therefore competent for said board to declare the privies in question public nuisances; and, as they had a tendency to endanger the public health, the board acted strictly in the line of their duty in ordering them to be cleaned and purified, and in charging the owners of the premises with the cost thereof. All this is not disputed. But when the board proceeded further, and ordered water-closets to be constructed by the owners, we think they…
2Cases cited1 opinion
- Kennedy v. Board of HealthSupreme Court of Pennsylvania · 1845
3Cited by9 opinions
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- Paris v. PhiladelphiaSuperior Court of Pennsylvania · 1916
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