Legal Opinion

Inhabitants of Brookline v. Hatch

Massachusetts Supreme Judicial Court

Decided January 9, 1897PublishedCited by 4 opinions

Bill in equity, filed December 31, 1895, to restrain the defendant, by injunction, from using or occupying certain premises, and the buildings thereon, situated on Aspinwall Avenue in Brookline, for a stable for more than four horses. Hearing before Morton, J., who entered a decree in accordance with the prayer of the bill, and reported the case for the consideration of the full court.

1Opinion of the CourtLathrop, J.

There was evidence that the defendant occupied a lot of land on Aspinwall Avenue, containing about six thousand eight hundred and eighty square feet, on which were two buildings. One was used by him as a livery stable and in carrying on his business as an undertaker, and was of a permanent character. The other was a temporary structure, built of rough boards resting on the ground, with no cellar under it. The defendant applied in writing to the selectmen of Brookline for a license to keep more than four horses in his stable on his premises. After a public hearing on this application, the…

2Cases cited3 opinions

  1. Commonwealth v. JonesMassachusetts Supreme Judicial Court · 1886
  2. Commonwealth v. PattersonMassachusetts Supreme Judicial Court · 1891
  3. Commonwealth v. PurcellMassachusetts Supreme Judicial Court · 1891

3Cited by4 opinions

  1. Board of Health v. TupperMassachusetts Supreme Judicial Court · 1912
  2. Shideler v. Tribe of the SiouxSupreme Court of Iowa · 1913
  3. Commonwealth v. KaneMassachusetts Supreme Judicial Court · 1899
  4. State v. ElliottSupreme Court of Iowa · 1924

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