Schloerb v. Department of Health

Appellate Division of the Supreme Court of New York

Schloerb v. Department of Health

95 N.Y.S. 1160

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 31, 1905

StatusPublished

This text of 95 N.Y.S. 1160 (Schloerb v. Department of Health) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schloerb v. Department of Health, 95 N.Y.S. 1160 (N.Y. Ct. App. 1905).

Pincite

Opinion

PER CURIAM.

While this court entertains serious doubt as to the propriety of injunctive relief against a mere dispensary for the treatment of patients suffering from tuberculous disease, where the work of the institution is to be confined solely to an examination of the patients and the giving of prescriptions and advice, it is deemed best to allow the preliminary injunction to'stand until all the facts in controversy can be fully developed upon the trial, where it may be made to appear that no such danger exists as the plaintiffs apprehend. The order appealed from will therefore be affirmed, on condition that the plaintiffs stipulate to try the case at the first Special Term for trials in Kings county, provided the defendant so desires. No costs of this appeal to either party.

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PER CURIAM.

While this court entertains serious doubt as to the propriety of injunctive relief against a mere dispensary for the treatment of patients suffering from tuberculous disease, where the work of the institution is to be confined solely to an examination of the patients and the giving of prescriptions and advice, it is deemed best to allow the preliminary injunction to'stand until all the facts in controversy can be fully developed upon the trial, where it may be made to appear that no such danger exists as the plaintiffs apprehend. The order appealed from will therefore be affirmed, on condition that the plaintiffs stipulate to try the case at the first Special Term for trials in Kings county, provided the defendant so desires. No costs of this appeal to either party.

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Bluebook (online)

95 N.Y.S. 1160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schloerb-v-department-of-health-nyappdiv-1905.