Alpers v. Brown

Citations

• 60 Cal. 447
• 1882 Cal. LEXIS 492

Syllabus

<p>Ordinance—Con strtjction of Contract—Removal of Dead Animals.—An ordinance of the City of San Francisco provided that, whenever any horse or other animal should die within the limits of the city and county, the owner thereof or the person, in whose possession the same might be at the time of its death, should dispose of its carcass in such a manner that the same should not become a nuisance or should notify W. or his associates or assigns within twenty-four hours where such carcass might be found, etc.; and also provided that no person other than the said W. or his associates or assigns or the person owning or having possession of any animal at the time of its death should remove or dispose of the carcass of such animal unless the said W. and his associates and assigns should fail to remove the same within twenty-four hours after receiving notice thereof.</p> <p>Held : By the provisions of this ordinance the owner or the person, in whose possession the animal should be when death occurred, was given the right to dispose of the carcass in such a manner as not to become a nuisance at any time within twenty-four hours after death, and it was competent for him to exercise that right in any way he should see fit by contract or otherwise.</p>