Walter v. Green
Wood Circuit Court
ERROR to Wood common pleas court. A municipality does not have the authority or power to absolutely prohibit the storing or transportation of nitroglycerine; their power is limited to regulating the transportation of the same, and fixing the quantities which may be transported or stored. Section 1692 Rev. Stat. (repealed 96 O. L. 96) ; Lan.
Read the full summary
ERROR to Wood common pleas court. A municipality does not have the authority or power to absolutely prohibit the storing or transportation of nitroglycerine; their power is limited to regulating the transportation of the same, and fixing the quantities which may be transported or stored. Section 1692 Rev. Stat. (repealed 96 O. L. 96) ; Lan. R. L. 10622 (R. S. 6953) ; Hays v. St. Marys (Vil.), 55 Ohio St. 197,198 [44 N. E. Rep. 924]. The legislature, at the time of the passage of the ordinance in question, had not conferred upon municipalities the power to impose a fine or imprisonment for the…
1Opinion of the CourtParker, J.
(Orally.)
In this ease an affidavit was filed with the mayor of the city off. Bowling Green, Ohio, charging the plaintiff in error, William W. Walters-with violating a certain ordinance which prohibited the conveyance of nitroglycerine through the city. Various proceedings were had attack--ing the affidavits, etc., that we need not give attention to. The matter-finally came to a point where the plaintiff in error entered a plea of not guilty, the evidence of certain witnesses was adduced, and he was convicted and sentenced to pay a fine of $100 and stand committed to the workhouse at Toledo…
2Cases cited3 opinions
- City of Saint Paul v. LaidlerSupreme Court of Minnesota · 1858
- State v. BrightSupreme Court of Louisiana · 1886
- City of Knoxville v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1891