City of Rochester v. MacAuley-fien Milling Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 6, 1909, which affirmed a judgment of the Monroe County Court affirming a judgment in favor of plaintiff entered upon a decision of the Municipal Court of the city of Rochester.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 6, 1909, which affirmed a judgment of the Monroe County Court affirming a judgment in favor of plaintiff entered upon a decision of the Municipal Court of the city of Rochester. The common council of the city of Rochester duly enacted an ordinance relating to public safety- and good order, which, so far as it relates to the defendant, is as follows : “ Section 89. As to Smoke from Chimneys — “ Subdivision (a). Color Scale. — For the purpose of regulating the emission of…
1Opinion of the CourtChase, J.
At the time when this action was commenced Rochester was a city of the second class, governed by the Second Class Cities Law (Chapter 55 of the Laws of 1909), which, so far as we are now concerned, is a re-enactment of chapter 182 of the Laws of 1898. Said act of 1898 was in force when said ordinance was enacted. The common council of the city is vested with legislative power by a provision of the statute as follows: “ The legislative power of the city is vested in the common council thereof, and it has authority to enact ordinances, not inconsistent with law, for the government of the city…
2Cases cited11 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
- People Ex Rel. M. Wineburgh Advertising Co. v. MurphyNew York Court of Appeals · 1909
- Fifth Ave. Coach Co. v. . City of New YorkNew York Court of Appeals · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Lincoln Trust Co. v. Williams Building Corp.New York Court of Appeals · 1920
- Northwestern Laundry v. City of Des MoinesSupreme Court of the United States · 1916
- Bd. of Health of Weehawken Tp. v. NY Central R. Co.Supreme Court of New Jersey · 1950
- State v. MorseSupreme Court of Vermont · 1911
- State ex rel. Krittenbrink v. WithnellNebraska Supreme Court · 1912
21 more not listed; retrieve them via the Exa API.