Hubbard v. Town of Medford
Oregon Supreme Court
Jackson county: L. R. Webster, Judge. Plaintiff appeals. In October, 1889, the common council of the town of Med-ford duly passed an ordinance for the prevention of fires and the protection of persons and property endangered thereby, which, among other things, established fire limits and provided that no wooden buildings should be built within said limits.
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Jackson county: L. R. Webster, Judge. Plaintiff appeals. In October, 1889, the common council of the town of Med-ford duly passed an ordinance for the prevention of fires and the protection of persons and property endangered thereby, which, among other things, established fire limits and provided that no wooden buildings should be built within said limits. On February 24, 1890, the plaintiff was tried and convicted before the recorder’s court for a violation of the provisions of said ordinance and fined fifty dollars. On a writ of review this judgment was affirmed by the circuit court of…
1Opinion of the CourtBean, J.
— The only question which we are required to decide in this case is, does the city of Medford have authority under its charter to establish fire limits and prohibit the erection of wooden buildings therein? The provisions of the charter of Medford, so far as they are applicable to the case in hand, are as follows. “ The board of trustees shall have power: 1. To adopt resolutions and by-laws and make ordinances not repugnant to the laws of this state or of the United States. 7. To regulate the storage of gunpowder, tar, pitch, resin and all other combustible materials, and the use of candles,…
2Cases cited9 opinions
- Baumgartner v. HastyIndiana Supreme Court · 1885
- Mayor of Hudson v. ThorneNew York Court of Chancery · 1838
- City of Corvallis v. CarlileOregon Supreme Court · 1882
- Pye v. PetersonTexas Supreme Court · 1876
- City of Keokuk v. ScroggsSupreme Court of Iowa · 1874
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3Cited by6 opinions
- Sandys v. WilliamsOregon Supreme Court · 1905
- Lawrey v. SterlingOregon Supreme Court · 1902
- Jeffery v. SmithOregon Supreme Court · 1912
- Rosa v. BandonOregon Supreme Court · 1914
- Village of Ashley v. Ashley Lumber Co.North Dakota Supreme Court · 1918
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