Fire Department v. Gilmour
New York Court of Common Pleas
Appeal from second district court. Action by the 'fire department of the city of Hew York against John Gilmour to recover a penalty for an alleged violation of a regulation to prevent the spreading of fire. Plaintiff had judgment, and defendant appeals.
1Opinion of the CourtPryor, J.
By section 463 of the consolidation act it is provided that “the commissioners, [of the fire department,] and their officers and agents, under the direction of said commissioners, or either of them, are hereby enforced to enter into and examine all * * * places where • any merchandise, * * * boards, * * ‘:i or other combustible materials may be lodged, * * * and, upon finding that any of them are defective or dangerous, * * ",:" may deliver a written or printed notice * * * to remove,' amend, or secure the same. * * * And in case of neglect or refusal * * * so to remove, amend, or secure the…
2Cases cited2 opinions
- Mayor of New York v. Dry Dock, East Broadway & Battery R. R.New York Court of Appeals · 1892
- Health Department v. RectorNew York Court of Common Pleas · 1892