Kirksey v. City of Wichita

Citations

• 103 Kan. 761
• 175 P. 974
• 1918 Kan. LEXIS 375

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Garbage — Exclusive Right to Remove — Definition of “Garbage.” It having already been determined that a city may grant to the highest bidder an exclusive right to remove all “garbage,” under an ordinance defining that word as “all rejected waste food, offal,” it is now held that the same rule applies where the definition is “all organic waste or residue of animal, food or vegetable matter from kitchens and dining rooms and from the preparation of dealing in or storage of meats, fowls, fruit, vegetables and grain.”</p> <p>2. Same — City May Control Disposition of Garbage. The fact that a number of articles which are fit for human food may be picked out of a quantity of garbage does not affect the power of the municipality absolutely to control its disposition. Where the owner of defective or damaged goods, which might be otherwise disposed of, casts them aside with ordinary garbage, they become subject to the same treatment.</p>