Concord v. Morgan
Supreme Court of New Hampshire
Petition, for an injunction. Transferred without a ruling from» the April term, 1906, of the superior court by Peaslee, J. The defendant is using an engine in a structure in the fire precinct of Concord, without the written permission of the city engineer and the chief of the fire department.
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Petition, for an injunction. Transferred without a ruling from» the April term, 1906, of the superior court by Peaslee, J. The defendant is using an engine in a structure in the fire precinct of Concord, without the written permission of the city engineer and the chief of the fire department. The structure is sixty feet long and thirty feet wide, and consists of a gable roof made-of boards and roofing paper and supported by three rows of posts,, the outside rows being nine feet high and the middle row twelve» feet high. About three fourths of one side of the structure is-covered with boards…
1Opinion of the CourtYoung, J.
The only question transferred is whether the-defendant’s wood-shed is a “building,” within the meaning of an ordinance which provides that “ no person shall . . . use-any . . . engine in any building [in the fire precinct] without the written consent of the city engineer and the chief of the-fire department.” Whether or not it is a “ building ” within the-meaning of this ordinance depends on whether the city councils-intended to include such structures within its operation. The-only evidence in the case relevant to that issue is' the language» they used and the purpose they had in view when…
2Cases cited2 opinions
- L. C. & Mil. Railroad v. VanderpoolWisconsin Supreme Court · 1860
- Smart v. HartWisconsin Supreme Court · 1890
3Cited by7 opinions
- State v. EbelMontana Supreme Court · 1932
- Great Eastern Casualty Co. v. BlackwelderCourt of Appeals of Georgia · 1918
- State v. OrnelasNew Mexico Supreme Court · 1937
- Griffin v. HollandSupreme Court of Oklahoma · 1942
- Netter v. Scholtz, MayorCourt of Appeals of Kentucky (pre-1976) · 1940
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