Albany Medical Annals, Vol. 40

Albany Medical Annals, Vol. 40 Journal of the Alumni Association of the Albany Medical College; September, 1919 (Classic Reprint)

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Publisher's Synopsis

Excerpt from Albany Medical Annals, Vol. 40: Journal of the Alumni Association of the Albany Medical College; September, 1919

From what has been said in outlining the steps to be taken by a local health board in abating a nuisance, it is clear that the board has the right to enter upon premises and forcibly abate a nuisance after the owner has refused to obey the board's order. It is, however, unwise to adopt this extreme remedy unless the fact that the nuisance exists is unquestionably clear. Otherwise, as has been stated, if the court should afterwards hold that there was not a nuisance the municipality would then be liable for any damages caused. Where there is any doubt it would be wiser to proceed in the courts to Obtain the abatement of the nuisance. It is probable that the result desired may be Obtained through an injunction proceeding. (cahill vs. Moran, 91 Misc.

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Book information

ISBN: 9780656238828
Publisher: Fb&c Ltd
Imprint: Forgotten Books
Pub date:
Number of pages: 58
Weight: 236g
Height: 229mm
Width: 152mm
Spine width: 6mm