United States Supreme Court Cases & Opinions

U.S. Supreme Court

Pierce Oil Corp. v. City of Hope, 248 U.S. 498 (1919)

Pierce Oil Corp. v. City of Hope

No. 137

Submitted January 16, 1919

Decided January 27, 1919

248 U.S. 498

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.

Page 248 U. S. 499