Legal Opinion

People Ex Rel. Copcutt v. . Board of Health

New York Court of Appeals

Decided November 28, 1893PublishedCited by 91 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 28, 1893, which affirmed proceedings of the board of health of the city of Yonkers brought up .for review by certiorari, and ordered a recovery in its favoi: ¡against the relator.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 28, 1893, which affirmed proceedings of the board of health of the city of Yonkers brought up .for review by certiorari, and ordered a recovery in its favoi: ¡against the relator. This was a proceeding to review by certiorari the proceedings of the board of health of the city of Yonkers, by which certain dams upon the Hepperhan river -were determined to be nuisances and ordered to be removed! The Hepperhan river is a small stream of water flowing through the city of…

1Opinion of the CourtEarl, J.

The disposition of this case turns largely upon ¡¡ the effect and the construction of the statutes constituting the ! board of health, and defining its powers and duties, and we will, therefore, first give attention to the statutes.

By chapter 184 of the Laws of 1881, an act to revise the charter of the city of Yonkers, it is provided in title 9 that the mayor, the supervisor, the president of the common council, the president of the board of -water commissioners, the president of the board of police and the health officer shall constitute the board of health of the city, and the board is…

2Cases cited8 opinions

  1. Stuart v. . PalmerNew York Court of Appeals · 1878
  2. Yates v. MilwaukeeSupreme Court of the United States · 1871
  3. Lawton v. . SteeleNew York Court of Appeals · 1890
  4. People, Ex Rel. Mayor, Etc. v. . McCarthyNew York Court of Appeals · 1886
  5. Clark v. Mayor & Common CouncilNew York Supreme Court · 1852

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3Cited by91 opinions

  1. North American Cold Storage Co. v. City of ChicagoSupreme Court of the United States · 1908
  2. Hecht v. MonaghanNew York Court of Appeals · 1954
  3. People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
  4. Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
  5. People Ex Rel. Lodes v. Department of HealthNew York Court of Appeals · 1907

86 more not listed; retrieve them via the Exa API.

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