City of Rochester v. . Gutberlett
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 29, 1912, affirming a judgment in favor of ' plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, as far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 29, 1912, affirming a judgment in favor of ' plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, as far as material, are stated in the opinion. The ordinance, if held to apply to the acts of the defendant, would be unreasonable and void as to such acts even though it might be good as to other situations. (Ford v. Standard Oil Co., 32 App. Div. 596; Matter of Jacobs, 98 N. Y. 98; Underwood v. Green, 42 N. Y. 140; N.…
1Opinion of the CourtChase, J.
The charter of the plaintiff, a municipal corporation, provides generally and expressly for the enactment of ordinances to preserve the health, safety and welfare of its inhabitants, and for such other purposes as the interests of the municipality and its citizens require. (Charter City of Rochester, L. 1901, ch. 155, section 85.)
It also provides: “The board of contract and supply is authorized to let contracts for periods exceeding one year and providing for the payment of specified annual amounts thereon, for the collection, removal and disposal of ashes, garbage and dead animals, for the…
2Cases cited5 opinions
- California Reduction Co. v. Sanitary Reduction WorksSupreme Court of the United States · 1905
- Gardner v. MichiganSupreme Court of the United States · 1905
- City of Rochester v. . WestNew York Court of Appeals · 1900
- Smiley v. MacDonaldNebraska Supreme Court · 1894
- City of Grand Rapids v. De VriesMichigan Supreme Court · 1900
3Cited by55 opinions
- The State of New York v. Shore Realty Corp. And Donald LeograndeCourt of Appeals for the Second Circuit · 1985
- Lincoln Trust Co. v. Williams Building Corp.New York Court of Appeals · 1920
- Wiggins v. Town of SomersNew York Court of Appeals · 1958
- USA Recycling, Inc. v. Town of BabylonCourt of Appeals for the Second Circuit · 1995
- Stringfellow's of New York, Ltd. v. City of New YorkNew York Court of Appeals · 1998
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