Wilbur v. City of Newton

This is a bill to restrain the city of Newton from enforcing a recent amendment to its ordinances whereby the use and operation of vehicles having a carrying capacity of more than two tons are “restricted” upon a portion of Dedham Street “in the manner outlined and during the period of time set forth in this section except where said vehicles are delivering goods to or taking goods from points” on that street.

Pertinent findings of the master disclose these facts: The plaintiff Wilbur owns about seventy-one acres of land upon which still remain about one million tons of sand and gravel. The…