 To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and, second, that the means...  Handbook of the Law of Torts - Side 110av Heman Gerald Chapin - 1917 - 695 siderUten tilgangsbegrensning - Om denne boken
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1916 - 802 sider
...To justify the State in interposing its authority in behalf of the public, it must be made to appear that the interests of the public generally, as distinguished...a particular class, require such interference and that the means are reasonably necessary for the accomplishment of the purpose and are not unduly oppressive... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1913 - 804 sider
...601), Justice Brown, after denning in general language the term "police power of the State," said: 11 To justify the State in thus interposing its authority in behalf of the public, it must appear, )<V.s7, that the interests of the public generally, as distinguished from those of a particular class,... | |
 | Illinois. Supreme Court - 1920 - 684 sider
...authorities in interfering with the rights and privileges of the owners of property it must appear that the interests of the public generally, as distinguished...of a particular class, require such interference. 3. SAME — laws in exercise of police power are subject to supervision of courts. Laws enacted in... | |
 | 1901 - 510 sider
...necessary for the protection of such interests, subject, of course, to the restrictions that it must appear that the interests of the public generally, as distinguished...particular class, require such interference ; and that the means are reasonably necessary for the accomplishment of the purpose and not unduly oppressive... | |
 | Ohio. Supreme Court - 1911 - 662 sider
...exercise of police power. This rule was approved and applied in Phillips v. State, 77 Ohio St., 214, "To justify the state in thus interposing its authority...oppressive upon individuals. The legislature may not, under guise of protecting, arbitrarily interfere with private business or impose unusual and unnecessary... | |
 | Ohio. Supreme Court - 1916 - 638 sider
...process of law. The judge delivering the opinion quotes approvingly from Lawton v. Stcele, 152 US, 133: "To justify the state in thus interposing its authority...purpose, and not unduly oppressive upon individuals." The court in applying the test held that the value of the property was a very proper matter Opinion, per... | |
 | Ohio. Supreme Court - 1905 - 660 sider
...lawful exercise of the police power of the state, and speaking of the exercise of the power, he says : "To justify the state in thus interposing its authority...purpose, and not unduly oppressive upon individuals;" and having shown that the preservation of game and fish is within the police power he proceeds to consider... | |
 | 1920 - 516 sider
...Business. — To Justify the state in Interfering with the conduct of a lawful business, it must appear that the interests of the public generally, as distinguished...a particular class, require such interference, and that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1904 - 636 sider
...abridgment." So, in Lawton v. Steele, 152 US 133, 14 Sup. Ct. 499, 38 L. Ed. 385, Mr. Justice Brown said : "To justify the State in thus interposing its authority...such interference; and, second, that the means are reasonable for the accomplishment of the purpose, and not unduly oppressive upon individuals. The .Legislature... | |
 | 1920 - 1058 sider
...viaducts, or even change tracks, if necessary for the protection of life and health, or for the good of the public generally, as distinguished from those of a particular class, there must be a fair and reasonable ground for it. A mere arbitrary act, although exercised under the... | |
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