Underwood v. Green
The Superior Court of New York City
This action was brought to recover the valué of the carcases of forty-two dead hogs, alleged to have been taken and carried away by the defendant, in 1862. The case was tried before a justice of this court and a jury. It appeared upon the trial that a large number of hogs arrived on the cars at the Hudson river railroad depot in the city of New York, in November, 1862. That the hogs in question had died from suffocation, upon the passage from Albany.
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This action was brought to recover the valué of the carcases of forty-two dead hogs, alleged to have been taken and carried away by the defendant, in 1862. The case was tried before a justice of this court and a jury. It appeared upon the trial that a large number of hogs arrived on the cars at the Hudson river railroad depot in the city of New York, in November, 1862. That the hogs in question had died from suffocation, upon the passage from Albany. It also appeared that the defendant was offal contractor for the city of New York, and that as such contractor he was bound to remove from the…
1Opinion of the Court
By the Court, Garvin, J.
There is no dispute about the facts in this case. The carcases of the hogs in question were taken and carried beyond the city limits by order of an officer of the city inspector’s department. The defendant justifies the taking, under the seventh section of the ordinance of 1859, which is, “ He shall cause all dead animals, and every putrid, offensive, unsound or unwholesome substances found in any street or other place in the city, to be forthwith removed and disposed of by removals beyond the limits of the city, or otherwise, so as most effectually to secure the…
2Cases cited1 opinion
- Weaver v. DevendorfNew York Supreme Court · 1846
3Cited by2 opinions
- Sansom v. BallSupreme Court of the United States · 1806
- Sansom v. BallSupreme Court of Pennsylvania · 1806