Laurel Hill Cemetery v. City and County of San Francisco
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. The facts are stated in the .opinion. Thd ordinance is invalid because it goes., beyond the necessities of the case. The determination by legislative bodies as to the necessity of the exercise of the police power is hot final nor conclusive.
Read the full summary
ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. The facts are stated in the .opinion. Thd ordinance is invalid because it goes., beyond the necessities of the case. The determination by legislative bodies as to the necessity of the exercise of the police power is hot final nor conclusive. Welch v. Swasey, 214 U. S. 91; Chicago, B. & Q. R. R. v. Illinois, 200 U. S. 592; Dobbins v. Los Angeles, 195 U. S. 223; Hannibal & St. Joseph R. R. Co. v. Husen, 95 U. S. 465; Minnesota v. Barber, 136 U. S. 313. The prohibition of burials from which no injury can result is neither reasonable nor…
1Opinion of the CourtJustice Holmes
This is an action to restrain the City and County of San Francisco and its officers from enforcing an ordinance forbidding the burial of the dead within the City and County limits. The allegations of the complaint are lengthy, but the material facts set forth are as follows: ' The plaintiff was'incorporated in 1867 as a rural cemetery under a general- act. The land in question had been dedicated as a burying ground, béing at that' time outside the city limits and a mile or two away from dwellings • and-, business. It was conveyed to the plaintiff, and-later a grant of the same was obtained…
2Cases cited9 opinions
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
- Lochner v. New YorkSupreme Court of the United States · 1905
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Otis v. ParkerSupreme Court of the United States · 1903
- Welch v. SwaseySupreme Court of the United States · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Goldblatt v. Town of HempsteadSupreme Court of the United States · 1962
- South Carolina State Highway Department v. Barnwell Bros.Supreme Court of the United States · 1938
- SC Hwy. Dept. v. Barnwell Bros.Supreme Court of the United States · 1938
- Nashville, Chattanooga & St. Louis Railway v. WaltersSupreme Court of the United States · 1935
- O'Gorman & Young, Inc. v. Hartford Fire Ins. Co.Supreme Court of the United States · 1931
67 more not listed; retrieve them via the Exa API.