Opinion · Supreme Court of the United States

Pierce Oil Corp. v. City of Hope

248 U.S. 498

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1919-02-03
Topic
general

How later courts describe this case

  • where public welfare is involved, a contract not to legislate would have no effect

Citator

UpLaw has not yet analyzed Pierce Oil Corp. v. City of Hope. The absence of a flag is not a finding that it is good law.

Cited by
96 opinions

Headnotes

  1. Constitutional Law — Police Power — Regulation of Dangerous Substances A state may prohibit the sale and storage of dangerous oils and may make the place where they are kept or sold a criminal nuisance, notwithstanding the Fourteenth Amendment; the police power is a continuing one, and a business lawful when established may in the future, because of changed conditions, the growth of population, or other causes, become a menace to the public health and welfare and be required to yield to the public good. 248 U.S. at 499–500 (citing Patterson v. Kentucky, 97 U.S. 501; Mugler v. Kansas, 123 U.S. 623; Dobbins v. Los Angeles, 195 U.S. 223, 238)
  2. Civil Procedure — Pleading An averment that an ordinance is unnecessary and unreasonable, whether regarded as a legal conclusion on the point the court must decide or as an allegation of facts leading to that conclusion, is too general to be admitted by a demurrer; where material facts are not within the court's judicial notice, only facts well pleaded are confessed. 248 U.S. at 500 (citing Prentis v. Atlantic Coast Line Co., 211 U.S. 210, 227; Southern Ry. Co. v. King, 217 U.S. 524, 534–535)
  3. Evidence — Judicial Notice In assessing an ordinance regulating the storage of petroleum and gasoline, a court may take judicial notice that disastrous explosions have occurred for which no satisfactory explanation has ever been offered; allegations that the storage is safe and that explosion is impossible, while conceding the possibility of some combustion, are insufficient on demurrer to exclude the danger of explosion. 248 U.S. at 500
  4. Constitutional Law — Equal Protection The fact that the necessarily general form of a law may embrace some innocent objects does not of itself invalidate the law or remove such an object from its grasp. 248 U.S. at 500 (citing Purity Extract Co. v. Lynch, 226 U.S. 192, 204; Hebe Co. v. Shaw, 248 U.S. 297; Reinman v. Little Rock, 237 U.S. 171)
  5. Constitutional Law — Police Power — Legislative Contracts The fact that a business relocated to its present site at the city's request does not import a contract by the city not to legislate should the public welfare require it, and such a contract, even if made, would be of no effect. 248 U.S. at 500 (citing Boston Beer Co. v. Massachusetts, 97 U.S. 25; Texas & New Orleans R.R. Co. v. Miller, 221 U.S. 408, 414)