“[i]n certain circumstances ... the taking or damaging of private property [to safeguard public health, safety or morals] is not prompted by so great a necessity as to be justified without proper compensation to the owner”
How later courts described this case
- “[i]n certain circumstances ... the taking or damaging of private property [to safeguard public health, safety or morals] is not prompted by so great a necessity as to be justified without proper compensation to the owner”
Written by the judges who cited it.
The opinion
CURTIS, J. —
I concur in the conclusion reached in the dissenting opinion.
Appellants’ petition for a rehearing was denied December 12, 1941. Curtis, J., and Carter, J., voted for a rehearing. Ilouser, J., did not participate therein. Spence, J., acting pro tem.