Buckstaff v. City of Oshkosh
Wisconsin Supreme Court
Appeal from an order of the county court of Winnebago-county: O. D. ClevelaND, Judge. Plaintiff was health officer of the town of Algoma, Winnebago 'county.
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Appeal from an order of the county court of Winnebago-county: O. D. ClevelaND, Judge. Plaintiff was health officer of the town of Algoma, Winnebago 'county. The board of health directed him to bring-an action against the city of Oshkosh to restrain such city permanently from maintaining an isolation hospital as a place for the removal to and care for persons found in sucb city afflicted with smallpox and other contagious diseases,. which hospital the defendant had established near one of the public highways in said town. The plaintiff set forth? these facts, and by appropriate allegations,…
1Opinion of the CourtMaeshalu, J.
Looking at the complaint in the most favorable light for appellant, it was made and the action brought by him, in his official capacity as health officer of the town of Algoma, to restrain the defendant from maintaining therein a public nuisance, detrimental to the health of people generally, and particularly of the people of such town. We are unable to see any ground whatever for the claim that plaintiff has legal. capacity to maintain this action. He is the mere agent or executive officer of the board of health, and in no sense the proper party plaintiff to prosecute a suit on behalf either…
2Cases cited4 opinions
- Commonwealth v. ParksMassachusetts Supreme Judicial Court · 1892
- City of Taunton v. TaylorMassachusetts Supreme Judicial Court · 1874
- Inhabitants of Quincy v. KennardMassachusetts Supreme Judicial Court · 1890
- Town of Pine Valley v. Town of UnityWisconsin Supreme Court · 1876