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BOARD OF HEALTH CAN NOT RESTRICT MODE OF LAYING FLOOR.

BOARD OF HEALTH CAN NOT RESTRICT MODE OF LAYING FLOOR. April 23, 1898 New Jersey gives boards of health power to adopt ordinances; to regulate plumbing and ventilation and secure the sanitary condition of all buildings; to regulate the keeping of all kinds of animals and the accumulation of offal; and to abate any nuisance in any place. But notwithstanding this the supreme court of that State holds, Feb. 21, 1898, in State vs. Board of Health, that the board of health of Asbury Park had no power to restrict the owners of a stable to the mode of laying a stable floor prescribed by an ordinance of the board. The owners had the alternative, says the court, of resorting to any other method which would secure the sanitary condition of the stable, though by departing from the prescribed method they took the risk of creating a nuisance. If the stable was a nuisance, the owners must be prosecuted for maintaining a nuisance and not for failing to comply with the plans specified in the ordinance. JAMA. 1898;30:998 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png JAMA American Medical Association

BOARD OF HEALTH CAN NOT RESTRICT MODE OF LAYING FLOOR.

JAMA , Volume 279 (13) – Apr 1, 1998
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BOARD OF HEALTH CAN NOT RESTRICT MODE OF LAYING FLOOR.

Abstract

April 23, 1898 New Jersey gives boards of health power to adopt ordinances; to regulate plumbing and ventilation and secure the sanitary condition of all buildings; to regulate the keeping of all kinds of animals and the accumulation of offal; and to abate any nuisance in any place. But notwithstanding this the supreme court of that State holds, Feb. 21, 1898, in State vs. Board of Health, that the board of health of Asbury Park had no power to restrict the owners of a stable to the mode of...
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Publisher
American Medical Association
Copyright
Copyright © 1998 American Medical Association. All Rights Reserved.
ISSN
0098-7484
eISSN
1538-3598
DOI
10.1001/jama.279.13.978-JJY80008-4-1
Publisher site
See Article on Publisher Site

Abstract

April 23, 1898 New Jersey gives boards of health power to adopt ordinances; to regulate plumbing and ventilation and secure the sanitary condition of all buildings; to regulate the keeping of all kinds of animals and the accumulation of offal; and to abate any nuisance in any place. But notwithstanding this the supreme court of that State holds, Feb. 21, 1898, in State vs. Board of Health, that the board of health of Asbury Park had no power to restrict the owners of a stable to the mode of laying a stable floor prescribed by an ordinance of the board. The owners had the alternative, says the court, of resorting to any other method which would secure the sanitary condition of the stable, though by departing from the prescribed method they took the risk of creating a nuisance. If the stable was a nuisance, the owners must be prosecuted for maintaining a nuisance and not for failing to comply with the plans specified in the ordinance. JAMA. 1898;30:998

Journal

JAMA – American Medical Association

Published: Apr 1, 1998

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