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JAMA 100 Years Ago
April 1, 1998

BOARD OF HEALTH CAN NOT RESTRICT MODE OF LAYING FLOOR.

Author Affiliations
 

Brian P.PaceMA, Assistant Editor

JAMA. 1998;279(13):978. doi:10.1001/jama.279.13.978-JJY80008-4-1

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.

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