Pierce Oil Corp. v. City of Hope, 248 U.S. 498 (1919)
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Pierce Oil Corp. v. City of Hope, 248 U.S. 498 (1919)
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Pierce Oil Corp. v. City of Hope No. 137 Submitted January 16, 1919 Decided January 27, 1919 248 U.S. 498
ERROR TO THE SUPREME COURT
OF THE STATE OF ARKANSAS
Syllabus
A city ordinance forbidding the storage of petroleum and gasoline within 300 feet of any dwelling, beyond certain small quantities, is within the state police power.
So held where storage of those substances in tanks was necessary to a company’s business of selling them, and the plant could not be moved without expense and loss of profits.
The fact that the tanks were moved to their present position at the city’s request did not import a contract not to require further removal for the public welfare; nor would such a contract be effective.
Where it cannot be aided by judicial notice, an averment that an ordinance is unnecessary and unreasonable is too general, and is not admitted by a demurrer.
Allegations designed to show that petroleum and gasoline were so stored as not to endanger any buildings and that explosion was impossible, though conceding the possibility of some combustion, held insufficient on demurrer to exclude the danger of explosion of which the court might take judicial notice.
127 Ark. 38 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Pierce Oil Corp. v. City of Hope, 248 U.S. 498 (1919) in 248 U.S. 498 248 U.S. 499. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=A6HDV9IXDV8KLM6.
MLA: U.S. Supreme Court. "Syllabus." Pierce Oil Corp. v. City of Hope, 248 U.S. 498 (1919), in 248 U.S. 498, page 248 U.S. 499. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=A6HDV9IXDV8KLM6.
Harvard: U.S. Supreme Court, 'Syllabus' in Pierce Oil Corp. v. City of Hope, 248 U.S. 498 (1919). cited in 1919, 248 U.S. 498, pp.248 U.S. 499. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=A6HDV9IXDV8KLM6.
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