123 Ga. 754 | Ga. | 1905
(After statiug the facts.) Some of the evidence introduced by both sides was incompetent, such as statements that ’“it was the understanding of deponent, and he thought that it was the understanding of other members of council,” etc.; and
The only question remaining, then, necessary for a construction of this part of the ordinance, is whether the word “incombustible ” is ambiguous so as to allow it to be construed by parol evidence showing that other houses had been built similar in character to that of the plaintiff. The Century Dictionary defines the word to mean “ not combustible; incapable of being burned or consumed by fire.” In Payne v. Wright (1892), L. R. 1 Q. B. Div. 104, the meaning of the word was under consideration. The metropolitan building act provided that the roof of every building should be covered externally with “slates, tiles, metal, or other incombustible materials.” The roof of a building was covered externally with materials consisting of woven iron wire coated with an oleaginous compound. The coating would ignite and burn away, leaving the wire work uninjured. It was held that the roof was not covered with “incombustible materials” within the meaning of the act. Mathew, J., said: “ The findings of the magistrate seem, however, themselves to answer the question put to us, for he finds as a fact that the material was partly combustible and partly incombustible. Upon these findings how is it possible for us to say that, as a matter of law, this material was incombustible’ within the meaning of the act ? . . It is true that the magistrate finds that this material is, for some reasons, safer than glass, but that does not make it incombustible.” A. L. Smith, J., said: “Sect. 19 provides that the roof of
In Ward v. Murphysboro, 77 Ill. App. 549, an ordinance was under consideration which declared it unlawful for any person, company, corporation, or firm to erect, build, or commence the erection, within the fire limits of the city, of any wooden or frame building or structure exceeding a certain size. Certain persons erected within such limits a building having a wooden
That part of the ordinance which provides for notifying the owner to remove the building, and, on his failure or refusal to do so, that the mayor shall -cause its removal, is not confined to a wooden building strictly so called, but applies to “any building erected in violation of this ordinance.” Under the law we are of the opinion that the presiding judge erred in granting the injunction.
Judgment reversed.