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Benjamin Kaiser v. Edward Walsh, Asst. Milk Inspector of Cincinnati

17 Ohio Dec. 324 (1906)

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Benjamin Kaiser v. Edward Walsh, Asst. Milk Inspector of Cincinnati

Ohio Court of Common Pleas

17 Ohio Dec. 324 (1906)

Facts

In 1906 Edward Walsh (defendant) worked as a milk inspector in the city of Cincinnati. Pursuant to his duties, Walsh measured the temperature of the milk Benjamin Kaiser (plaintiff) was selling to ensure it was safe for human consumption. Upon discovering that the milk’s temperature was above 50 degrees Fahrenheit, Walsh confiscated the milk and threw it onto the street. In response, Kaiser filed an action in Ohio state court against Walsh on the ground that Walsh had violated his due-process rights by depriving him of his property without due process of law. Walsh demurred, arguing that his action was permissible under the city’s regulation allowing a milk inspector to confiscate and destroy all milk found to be over 50 degrees Fahrenheit. Walsh further argued that legal precedent allowed a state to use its police power to destroy an individual’s personal property without violating the property owner’s due-process rights. The Ohio Court of Common Pleas considered the case.

Rule of Law

Issue

Holding and Reasoning (Littleford, J.)

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