Legal Opinion

Reynolds v. Schultz

The Superior Court of New York City

Decided January 16, 1867PublishedCited by 3 opinions

The order appealed from in this case by the defendants, restrained them from enforcing an order made by them as u The Metropolitan Board of Health,” directing the suspension of the business of manufacturing shell lime, conducted by the plaintiff on certain premises in the city of New York, in East Fifteenth street (between avenues A and B), until the mode of conducting such business should be so altered as that no odors could escape into the open air; that certain materials,…

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The order appealed from in this case by the defendants, restrained them from enforcing an order made by them as u The Metropolitan Board of Health,” directing the suspension of the business of manufacturing shell lime, conducted by the plaintiff on certain premises in the city of New York, in East Fifteenth street (between avenues A and B), until the mode of conducting such business should be so altered as that no odors could escape into the open air; that certain materials, consisting of shells and other substances, should be removed, and such premises cleaned. The order so made by the…

1Opinion of the Court

By the court, Robertson, Ch. J.

The circumstances of the present case do not call for such sympathy with the plaintiff, or indignation against the defendants, for unjust oppression of him by them, under cloak of legal authority, as to prevent a dispassionate examination of the legality or unconstitutionality of their acts as a board of health, under the recent statute creating them such. (N. Y. Sess. L. 1866, chap. 74.) Twenty-five persons residing in the immediate vicinity of the plaintiff’s lime kilns, in' addition to inspectors sent by the defendants for the purpose of examination, testify…

2Cases cited4 opinions

  1. Root v. StuyvesantNew York Supreme Court · 1837
  2. Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1836
  3. Stryker v. BergenNew York Supreme Court · 1836
  4. People ex rel. Rhoades v. HumphreysNew York Supreme Court · 1857

3Cited by3 opinions

  1. Neer v. State Live Stock Sanitary BoardNorth Dakota Supreme Court · 1918
  2. Magoon v. Lord-Young Engineering Co.Hawaii Supreme Court · 1914
  3. Schwartz v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1814

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