Majority
p. 257(9 Misc. Rep. 476.) LEES v. RITTERMANN. (Common Pleas of New York City and County, General Term. August 1, 1894.) Argued before BOOKSTAVEB and BISOHOFF, JJ.
Headnote
Boards of Health—Orders—Enforcement.To render one liable by reason of an order of the board of health, there must be legal evidence that the order was made by the hoard, and mere service of notice is, insufficient.
Appeal from second district court.
Action by John Lees against Nathan Bittermann. There was a judgment in favor of plaintiff, and defendant appeals. Beversed.
C. Cohn, for appellant.
John Callahan, for respondent ,
If it is sought to make a party liable by reason of an order of the board of health, there must be legal evidence of the making of such order by that board. The mere service of notice is no legal proof of the action of the board. No other proof than the service of notice was offered in this action, which is not sufficient in this case to make the appellant liable to do the work required by the board. For this reason the judgment must be reversed, and a new trial ordered, with costs to the appellant, to abide the event.