Blazier v. Miller
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered on a verdict in the Onondaga County Court, and also from an order, denying a motion for a new trial on the minutes. The action was brought originally in a Justice’s Court to recover damages for unlawfully taking and detaining plaintiffs’ milk wagon horse and milk cans and destroying their milk in the city of Syracuse.
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Appeal from a judgment in favor of the defendant, entered on a verdict in the Onondaga County Court, and also from an order, denying a motion for a new trial on the minutes. The action was brought originally in a Justice’s Court to recover damages for unlawfully taking and detaining plaintiffs’ milk wagon horse and milk cans and destroying their milk in the city of Syracuse. The defendant set up, by way of justification, an ordinance of the board of health of said city appointing him inspector of milk “ with authority to seize, take into his possession and examine all milk offered for sale,…
1Opinion of the Court
Smith, J.:
The question whether the milk seized and destroyed by the defendant was pure and wholesome was litigated in the County Court, and the jury found that it was not pure and wholesome. The testimony *436also warranted the conclusion that the plaintiffs brought the milk into the city for sale, and had it there for that purpose, at the time of its seizure. The defendant, therefore, was justified in taking the milk and' destroying it, provided the ordinance under which he acted was valid. The plaintiffs’ counsel challenges the validity of the ordinance on several grounds, the principal of…
2Cases cited4 opinions
- Owners of Ground v. Mayor of AlbanyNew York Supreme Court · 1836
- Jordan v. HyattNew York Supreme Court · 1848
- Commissioners of Highways v. ClawNew York Supreme Court · 1818
- Bouton v. NeilsonNew York Supreme Court · 1808