City of Hudson v. Flemming
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William H. Flemming, from a judgment of the County Court of Columbia county in favor of the plaintiff,.entered in the office of the clerk of said county on the 23d day of April, 1910, affirming a judgment of the City Court of Hudson.
1Opinion of the Court
CoCHBANE, J. :
The defendant appeals from á judgment against him of $150 damages besides costs, being the amount of ten penalties of $15 each, alleged to have been incurred on ten successive days for selling milk in the city of Hudson in violation of an order or ordinance of the board of health of said, city prohibiting such sales without a' license. '
Defendant admits that he sold milk in contravention of the said ordinance, but he challenges the validity of the same, and one of the grounds of his challenge is that the board of health has unlawfully delegated its power or authority to grant…
2Cases cited1 opinion
- Birdsall v. . ClarkNew York Court of Appeals · 1878
3Cited by4 opinions
- People ex rel. Economus v. CoakleyNew York Supreme Court · 1920
- Chapin v. HoganAppellate Division of the Supreme Court of the State of New York · 1924
- Lees v. Cohoes Motor Car Co.New York Supreme Court · 1924
- People ex rel. Schulz v. HamiltonNew York Supreme Court · 1916