Legal Opinion

Beltz v. City of Pittsburg

Supreme Court of Pennsylvania

Decided April 24, 1905No. Appeal, No. 14PublishedCited by 20 opinions

Appeal, No. 14, Oct. T., 1905, by plaintiff, from judgment of Superior Court, April T., 1904, No. 110, affirming judgment of C. P. No. 1, Allegheny Co., Dec. T., 1903, No. 113, affirming justice of the peace in case of John Beltz v. City of Pittsburg. Appeal from judgment of Superior Court. The only question raised in the lower court was the constitutionality of the Act of June 7, 1901, P. L. 493. Error assigned was the judgment of the lower court.

1Opinion of the Court

Per Curiam,

The Act of June 7, 1901, P. L. 493, is an act relating to the public health as affected by the matters of plumbing and drainage and of general sanitation resulting therefrom. In its nature it is a definition and regulation of the police power on a subject which is one of municipal concern. All the cases agree that such subjects are the principal basis of the legitimate classification of cities. That the control and regulation of cesspools and of drainage in general are more important and require different conditions in closely built up neighborhoods from those sufficient for the…

2Cited by20 opinions

  1. Roach v. City of DurhamSupreme Court of North Carolina · 1933
  2. Replogle v. Little RockSupreme Court of Arkansas · 1924
  3. New Castle City v. WithersSupreme Court of Pennsylvania · 1927
  4. City of Tacoma v. FoxWashington Supreme Court · 1930
  5. Commonwealth v. LeswingSuperior Court of Pennsylvania · 1939

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