City of Philadelphia v. Lyster

Citations

• 3 Pa. Super. 475
• 1897 Pa. Super. LEXIS 45

Syllabus

<p>Municipal ordinances — Nuisance—Equity—Injunction.</p> <p>Equity will not lend its aid to enforce by injunction the by-laws or ordinances of a municipal corporation restraining a certain act, unless the act is shown to be a nuisance per se.</p> <p>The mere fact that a certain thing is prohibited by ordinance, does not render it a nuisance per se, if it be not otherwise such, so as to authorize an individual, or the city itself, to have it enjoined.</p> <p>Board of health — Removal of garbage — Nuisance.</p> <p>AVhile the board of health has discretionary power to declare the keeping of garbage, offal and refuse matter upon the streets, alleys and the premises of individuals a nuisance, that discretion is not sufficiently far reaching’ to declare the act of a private contractor in removing the garbage to be a nuisance, when he has adopted the precise means for the purpose prescribed by the ordinance of the city.</p> <p>Public officers — Power of board of health as to declaration of nuisances.</p> <p>The board of health of Philadelphia, in the exercise of the extraordinary powers vested in it, does not have the power to declare a given act to be a nuisance in fact and in law. Such power has not as yet been delegated to the said board.</p>