Mayor of Hudson v. Thorne
New York Court of Chancery
This was an application to dissolve an injunction restraining the defendants from erecting a building in the city of Hudson, upon a vacant lot owned by them, intended to be used as a hay press.
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This was an application to dissolve an injunction restraining the defendants from erecting a building in the city of Hudson, upon a vacant lot owned by them, intended to be used as a hay press. The bill set out that part of the city charter which authorized the common council, from time to time, to pass such ordinances as they should think proper, to remove or prevent the construction of any fire place, hearth, chimney, stove, oven, boiler, kettle or apparatus used in any house, building, manufactory, or business, which might be dangerous in causing or promoting fires; to regulate or prevent…
1Opinion of the Court
The Chancellor.
The ordinance of the common council in this case is entirely directed against the erection of the building, and not against its occupation in such a manner as to render it dangerous in the promotion or originating of fires. And I infer from the affidavits that the ordinance was so framed for the purpose of merely preventing the erection of such buildings; as it appears there were such buildings already in existence, not only in other compact parts of the city but also within the prohibited limits, the occupation of which for the storing and pressing of hay the common council…
2Cited by45 opinions
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
- Delaney v. . FloodNew York Court of Appeals · 1906
- First National Bank v. SarllsIndiana Supreme Court · 1891
- Tugman v. City of ChicagoIllinois Supreme Court · 1875
- Village of St. Johns v. McFarlanMichigan Supreme Court · 1875
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