Smith v. Emery
Appellate Division of the Supreme Court of the State of New York
Appeal by the defdenant, Z. Taylor Emery, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 16th day of December, 1895, upon the verdict of a jury rendered after a trial at the Kings County Circuit, and also from an order entered in said clerk’s office on the 10th day of February, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Bradley, J.:
The action is for alleged false imprisonment. The alleged defense is that in what the defendant did in the premises he was *11acting as commissioner of health of the city of Brooklyn pursuant to authority conferred by statute, which provides that “ In the presence of great and imminent peril to public health of the. city of Brooklyn by reason of impending pestilence, it shall be the duty of said commissioner to take such measures and do and order, and cause to be done, such acts, and make such expenditures * * * for the preservation of the public health from such impending pestilence…
2Cases cited2 opinions
- Van Wycklen v. . City of BrooklynNew York Court of Appeals · 1890
- Matter of SmithNew York Court of Appeals · 1895
3Cited by1 opinion
- State v. RacskowskiSupreme Court of Connecticut · 1913