Egan v. Health Department
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York County. Action by Josephine E. Egan, by Luke A. Lockwood, her .guardian ad litem, against the health department of the city of New York, for an injuction. From an order denying a temporary injunction, plaintiff appeals.
1Opinion of the CourtTan Bbtjnt, P. J.
—The motion in this case does not appear to have been denied because of want of power, and therefore, if there were facts enough shown upon the motion to justify the court in refusing the injunction, there is no necessity for the discussion upon this appeal of the interesting constitutional questions sought to be presented. The affidavits upon the part of the plaintiff are to the effect that no pestilence or contagious disease had ever occurred in the building; that all the sinks and drains are in perfect sanitary condition, and have been continually kept in that condition, that the entire…
2Cases cited1 opinion
- United States Illuminating Co. v. GrantNew York Supreme Court · 1889