Smith v. Lippman

Deputy State Fire Marshal inspected a certain building, property of the appellees, and ordered the building removed. The appellees appealed to the State Fire Marshal, who refused to rescind or modify the .order, and the appeal was denied. Thereafter the appellees began this action, alleging that the proceedings of the fire marshal are unlawful, arbitrary, and unreasonable. The appellants answered, and there was a trial by the court.

The deputy fire marshal testified that the building was defective in certain respects; that it was leaning, needed paint, some of the siding was missing, and that…