McNall v. Kales
New York Supreme Court
Appeal from circuit court, Cattaraugus county. Action by Stephen B. McKall and others, as the board of health of the town of Franklinville, against John W. Kales, to recover a penalty for violation of plaintiffs’ regulations. From a judgment of nonsuit plaintiffs appeal.
1Opinion of the CourtMacomber, J.
The plaintiffs, as the board of health of the town of Franklinville, bring this action to recover a penalty of the defendant, who was a practicing physician in that town, for omitting to report to the board of health a case of diphtheria, as required by the town board of health. The answer puts in issue all of the allegations of the complaint. After hearing such evidence as was offered and received, the court, at the trial, on motion of the defendant’s counsel, granted a nonsuit, holding, as we gather from the report of his oral remarks at the hearing, that there was not competent, evidence…
2Cited by3 opinions
- City of New York v. HexamerAppellate Division of the Supreme Court of the State of New York · 1901
- Village of Carthage v. ColliganAppellate Division of the Supreme Court of the State of New York · 1913
- Village of Carthage v. ColliganAppellate Division of the Supreme Court of the State of New York · 1913