Nash v. District of Columbia
District of Columbia Court of Appeals
IN ERROR to the Police Court of the District of Columbia. The Court in the opinion stated the facts as follows: In the police court the information in this case charged Stephen H. Nash with carrying and conveying certain garbage in a vehicle through the streets of this city, Nash not being the city contractor, contrary to the garbage regulations of this District.
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IN ERROR to the Police Court of the District of Columbia. The Court in the opinion stated the facts as follows: In the police court the information in this case charged Stephen H. Nash with carrying and conveying certain garbage in a vehicle through the streets of this city, Nash not being the city contractor, contrary to the garbage regulations of this District. Grimsley, a police officer, testified that on August 16, 1906, he had arrested Nash on the charge of hauling garbage, and had found in the wagon driven by Nash cans and barrels, and that two of the cans contained grease and a lot of…
1Opinion of the CourtJustice McComas
1. It is a rule that a municipal corporation has no power to treat a thing as a nuisance which cannot be one; but it is equally settled that it has the power to treat as a nuisance a thing that, from its character, location, and surroundings, may become such. In doubtful cases, where a thing may or not be a nuisance, depending upon a variety of circumstances requiring judgment and discretion on the part of the town authorities in exercising their legislative functions under a general delegation of power like the one we are considering, their action under *602.snob circumstances would be…
2Cases cited7 opinions
- California Reduction Co. v. Sanitary Reduction WorksSupreme Court of the United States · 1905
- Gardner v. MichiganSupreme Court of the United States · 1905
- Walker v. JamesonIndiana Supreme Court · 1894
- State v. OrrSupreme Court of Connecticut · 1896
- City of Grand Rapids v. De VriesMichigan Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Darling Delaware Corp. v. District of ColumbiaDistrict of Columbia Court of Appeals · 1977
- In Re Prosecution of Nicco SettlesDistrict of Columbia Court of Appeals · 2019