Kirk v. Board of Health
Supreme Court of South Carolina
Before Aldrich, J., Aiken, February, 1909. Action by Mary V. Kirk against H. H. Wyman, M. D., et al., as the Board of Health of the City of Aiken.
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Before Aldrich, J., Aiken, February, 1909. Action by Mary V. Kirk against H. H. Wyman, M. D., et al., as the Board of Health of the City of Aiken. From Circuit order, temporarily restraining the board from removing the plaintiff to the pest house, the defendants appeal. cite: Ministerial acts of board of health should not be restrained: 67 S. C., 93; 54 S. C., 454; 73 S. C., 411; Code, 1902, 1099, 1100. Legislature may delegate power to municipality to pass such ordinance: 123 U. S., 623. Court can not consider if it is reasonable: 48 S. C., 570; 76 S. C., 129; 38 S. C., 495 ; 82 S. C., 141;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The board of health of the city of Aiken, after investigation, reached the conclusion that Miss Mary V. Kirk, a resident of the city, was afflicted with leprosy, contagious in its nature, and passed resolutions requiring her to be removed to the city hospital for infectious diseases. Thereupon Miss Kirk brought this action for injunction, alleging in her complaint that, although she is a victim of leprosy, it is of the kind known as amesthetic and not dangerous to the community; that she is a woman of culture and refinement, and that…
2Cases cited18 opinions
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
- Dobbins v. Los AngelesSupreme Court of the United States · 1904
- Minnesota v. BarberSupreme Court of the United States · 1890
- Blue v. BeachIndiana Supreme Court · 1900
- Chy Lung v. FreemanSupreme Court of the United States · 1876
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3Cited by19 opinions
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- People ex rel. Barmore v. RobertsonIllinois Supreme Court · 1922
- State v. FinneyIdaho Supreme Court · 1944
- People Ex Rel. Baker v. StrautzIllinois Supreme Court · 1944
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