Legal Opinion

Commonwealth v. Cairns

Superior Court of Pennsylvania

Decided March 3, 1911No. Appeal, No. 265PublishedCited by 3 opinions

Appeal, No. 265, Oct. T., 1910, by plaintiff, from order of Q. S. Phila. Co., dismissing writ of habeas corpus in case of Commonwealth of Pennsylvania ex rel. William 0. McCarty, through his next friend, Charles J. Field, v. A. A. Cairns, M. D., Chief Medical Inspector of the Bureau of Health of the City of Philadelphia, and John B. Taylor, Superintendent of the Bureau of Police. Petition for writ of habeas corpus. The opinion of the Superior Court states the case.

Read the full summary

Appeal, No. 265, Oct. T., 1910, by plaintiff, from order of Q. S. Phila. Co., dismissing writ of habeas corpus in case of Commonwealth of Pennsylvania ex rel. William 0. McCarty, through his next friend, Charles J. Field, v. A. A. Cairns, M. D., Chief Medical Inspector of the Bureau of Health of the City of Philadelphia, and John B. Taylor, Superintendent of the Bureau of Police. Petition for writ of habeas corpus. The opinion of the Superior Court states the case. The defendant moved the court to dismiss the appeal on the ground that a mere academic question was involved. Error assigned was…

1Opinion of the Court

Opinion by

Rice, P. J.,

It appears by the return to the writ of habeas corpus that owing to smallpox having developed on a person in a certain district of the city of Philadelphia, a quarantine was placed on the district by the board of health, and that as soon as the relator was willing to be vaccinated he would be released from quarantine, but that otherwise he would be detained in quarantine, that is, would not be permitted to leave the quarantined district until eighteen days from the time when the individual suffering from smallpox was removed to the municipal hospital for contagious…

2Cases cited2 opinions

  1. Mills v. GreenSupreme Court of the United States · 1895
  2. Hallowell's AppealSupreme Court of Pennsylvania · 1852

3Cited by3 opinions

  1. Commonwealth v. CairnsSuperior Court of Pennsylvania · 1911
  2. Commonwealth v. KramerSuperior Court of Pennsylvania · 1948
  3. Commonwealth Ex Rel. McCormick v. SwaneySupreme Court of Pennsylvania · 1933

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API