In the Matter of S. H. Kress and Company, Appellant, Against the Department of Health of the City of New York…

Summary

The Court of Appeals reversed the lower courts, holding that New York City's health regulation prohibiting the manufacture of frozen desserts in a cellar is invalid because the State Agriculture and Markets Law occupies the entire field and precludes conflicting local regulations. The dissent argued that the State law does not bar local health measures and would have affirmed the city's regulation.