Adams v. Ford
Superior Court of Pennsylvania
Appeal, No. 68, Nov. T., 1896, by plaintiff, from decree of C. P. No. 1, Phila. Co., Sept. T., 1895, No. 678, dismissing bill for injunction. Bill in equity to enjoin filling up of plaintiff’s privy well.
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Appeal, No. 68, Nov. T., 1896, by plaintiff, from decree of C. P. No. 1, Phila. Co., Sept. T., 1895, No. 678, dismissing bill for injunction. Bill in equity to enjoin filling up of plaintiff’s privy well. The cause was heard in the court below on bill, answer and proofs under the new equity rules of 1894, and the court, Biddle, P. J., dismissed the bill ip. the following opinion: The bill in this case was filed to restrain the board of health of the city of Philadelphia from filling up and abating a certain privy well, the existence of which after cleaning had been declared to be a nuisance…
1Opinion of the Court
Opinion by
Willard, J.,
This case rests upon the proper construction of the acts of assembly relative to the powers and duties of the board of health of the city of Philadelphia. The act of January 29,1818, P. L. *24238, provides, inter alia, as follows : “ It shall be the duty of the said board of health to cause all offensive or putrid substances, and all nuisances which may have á tendency in their opinion t'o endanger the health of the citizens, to be removed from the streets, lanes, alleys, highways, wharves, docks or any other part or parts of the city of Philadelphia, and to cause such of the…
2Cases cited3 opinions
- Babcock v. . City of BuffaloNew York Court of Appeals · 1874
- Philadelphia v. ProvidentSupreme Court of Pennsylvania · 1890
- Kennedy v. Board of HealthSupreme Court of Pennsylvania · 1845
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- Hayward v. SamuelSupreme Court of Pennsylvania · 1946
- Philadelphia v. Watt Et Ux.Superior Court of Pennsylvania · 1947