Commonwealth v. Charity Hospital

Supreme Court of Pennsylvania January 7, 1901

Commonwealth v. Charity Hospital, 198 Pa. 270 (Pa. 1901)

47 A. 980; 1901 Pa. LEXIS 774

Brown, Fell, McCollum, Mestbezat, Mitchell

Opinion of the Court

Per Curiam,

The bill in equity was filed and promptly proceeded with to prevent the erection of a charity hospital in a built up portion of the city of Pittsburg. Two acts of assembly, to wit: the act of June 10, 1897, and the act of April 20, 1899, are contained therein, and in the answers to the bill are declared to be unconstitutional and void acts. The parties resisting the prevention of the erection of the proposed hospital in the place they *283had prescribed for it strenuously affirm that the location is a proper one and conducive to the convenience and welfare of the general public. On the other hand the parties opposed to the erection of a hospital at the place designated contend that the erection of it there would be in violation of the prohibition of the aforesaid acts and injurious to the public health. The evidence submitted by the contending parties to the issue framed by bill and answer was carefully scrutinized and considered by the learned judge of the court below, and the result of it appears in his findings of fact and conclusions of law. An examination of these, of the testimony submitted as above stated, and of the law applicable to the case, has failed to convince us of error in the decree or in the findings of fact or conclusions of law on which it is based.

Decree affirmed and appeal dismissed at the cost of the appellant.

Reference

Full Case Name: Commonwealth v. Charity Hospital of Pittsburg
Cited By: 15 cases
Status: Published
Syllabus: Nuisance—Public health—Hospitals—Act of April 20, 1899, P. L. 66. In the act of April 20,1899, which for the protection of the public health prohibits the establishment or maintenance of additional hospitals, pest houses, and burial grounds in the built up. portions of cities, the words “ built up portions of cities ” must be understood in their ordinary and popular meaning and with reference to the object of the act, viz: the protection of public health. The words do not necessarily exclude a portion of a city classified as “rural” for purposes of taxation. A hospital building proposed to be erected by the owners of a hospital in a different portion of a city from that in which the original hospital is located, is an “additional hospital” within the meaning of the act of April 20, 1899. Constitutional law—Title of statute—Act of April 20, 1899, P. L. 66. The act of April 20, 1899, entitled “An act for the protection of the public health, prohibiting hereafter the establishing or maintenance of additional hospitals, pest houses and burial grounds in the built up portions of cities,” does not violate article 3, section 3 of the constitution of Pennsylvania which provides that no bill shall be passed containing more than one subject, which shall be clearly expressed in its title. Constitutional law—Local or special law—Hospitals—Act of April 20, 1899. The act of April 20, 1899, does not violate article 3, section 7 of the constitution of Pennsylvania which prohibits the general assembly from passing any local or special law “regulating the affairs of counties, cities,” etc. Constitutional law—Constitution of the United States, Fourteenth Amendment—Act of April 20, 1899. The act of April 20, 1899, does not violate the fourteenth amendment of the constitution of the United States relating to the protection of property. Nuisance—Public nuisance—Attorney general—Damages. A court of equity has jurisdiction of a suit instituted by the attorney general to prevent the construction of a hospital prohibited by the act of April 20, 1899. In such a suit the question of damages will not be considered.