Teasdale v. Newell & Snowling Construction Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed November 3,1905, by the members of the board of health of the city of Quincy, to restrain the defendant from maintaining a certain stable without a license under R. L. c. 102>§§ 69, 71. The defendant in its answer alleged that it had made a contract with the metropolitan park commissioners to do the grading and other work upon certain lands in Quincy which the commissioners had taken for park purposes under the provisions of St. 1893, c. 407, and St.…
Read the full summary
Bill in equity, filed November 3,1905, by the members of the board of health of the city of Quincy, to restrain the defendant from maintaining a certain stable without a license under R. L. c. 102>§§ 69, 71. The defendant in its answer alleged that it had made a contract with the metropolitan park commissioners to do the grading and other work upon certain lands in Quincy which the commissioners had taken for park purposes under the provisions of St. 1893, c. 407, and St. 1895, c. 450: that in order to carry out the defendant’s contract it was necessary to provide stable accommodation for a…
1Opinion of the CourtHammond, J.
Inasmuch as the ground on which the bill was dismissed is not mentioned, the plaintiffs have the burden of maintaining that upon the facts which appear they have a right to a decree in their favor. Donovan v. McCarty, 155 Mass. 543. Moreover, since the evidence at the hearing was substantially all oral, the findings of the trial judge will not be disturbed unless plainly wrong. Dickinson v. Todd, 172 Mass. 183.
We have examined the evidence, and in view of the locality of the work, the number of horses employed, the attempts made by the respondent to secure stable room, the action of the board…
2Cases cited2 opinions
- Dickinson v. ToddMassachusetts Supreme Judicial Court · 1898
- Donovan v. McCartyMassachusetts Supreme Judicial Court · 1892
3Cited by15 opinions
- Pereira v. New England LNG Co., Inc.Massachusetts Supreme Judicial Court · 1973
- Coe v. CoeMassachusetts Supreme Judicial Court · 1943
- Medford v. Marinucci Bros. & Co. Inc.Massachusetts Supreme Judicial Court · 1962
- County Commissioners v. Conservation CommissionMassachusetts Supreme Judicial Court · 1980
- Martin v. MurphyMassachusetts Supreme Judicial Court · 1914
10 more not listed; retrieve them via the Exa API.