Health Department v. . Knoll
New York Court of Appeals
Appeal from judgment of the Court of Common Pleas for the city and county of Hew York, affirming a judgment of the District Court in the third judicial district of the city of Hew York in favor of plaintiff. This action was brought to recover a penalty for an alleged violation of a special order made by the board of health of the city of Hew York.
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Appeal from judgment of the Court of Common Pleas for the city and county of Hew York, affirming a judgment of the District Court in the third judicial district of the city of Hew York in favor of plaintiff. This action was brought to recover a penalty for an alleged violation of a special order made by the board of health of the city of Hew York. Defendant was the owner of certain premises in said city, which the board of health declared a nuisance and dangerous to life and health, and ordered that the privy vault “ be ventilated by means of an eight-inch earthen-ware pipe.” This order…
1Opinion of the CourtAndrews, J.
We think this action cannot be maintained, for the reason that no penalty is now prescribed by law for the omission of the owner of premises to comply with a special order relating thereto, made by the health department of the city of New York.
The present health department was created by chapter 335 of the Laws of 1873, known as the City Charter. Its organization and powers are defined in sections 80, 81 and 82. The principal duty and authority imposed upon and granted to the board by the act is found in section 82, which makes it the duty of the board, “ immediately upon, organization under…
Also in this document: Concurrence.
2Cases cited1 opinion
- Metropolitan Board of Health v. . HeisterNew York Court of Appeals · 1868
3Cited by14 opinions
- People Ex Rel. Lieberman v. . VandecarrNew York Court of Appeals · 1903
- People Ex Rel. Knoblauch v. Warden of the Jail of the Fourth District Magistrates' CourtNew York Court of Appeals · 1915
- State v. GauntOregon Supreme Court · 1885
- Brown v. Jarvis, Chief of PoliceWyoming Supreme Court · 1927
- Co-Pilot Enterprises, Inc. v. Suffolk County Department of HealthNew York Supreme Court · 1963
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