Heald v. Lang
Massachusetts Supreme Judicial Court
Tort against the city marshal of Lowell for taking down a wooden awning in front of the plaintiff’s shop on Merrimack Street in that city.
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Tort against the city marshal of Lowell for taking down a wooden awning in front of the plaintiff’s shop on Merrimack Street in that city. At the trial in the superior court, before Reed, J., it appeared that in the summer of 1865 the plaintiff built the awning projecting from his shop over the sidewalk, with the consent of the mayor; that it was built strongly and suitably; that it stood through the following winter without objection; but that subse quently an action was brought against the plaintiff in respect thereof, on the ordinances of the city, c. 27, §§ 10, 29, which are printed in…
1Opinion of the CourtGray, J.
This case falls within the principle of Pedrick v. Bailey, 12 Gray, 161; and the defendant is entitled to judgment.
By the city charter of Lowell, the city council “ may make all such needful and salutary by-laws as towns by the laws of this Commonwealth have power to make, and annex penalties not exceeding twenty dollars for the breach thereof.” St. 1836, c. 128, § 8. In the lawful and reasonable exercise of the power thus granted, they passed an ordinance, providing, among other *583things, that awnings over a sidewalk should not be put on before the first day of April, nor kept on after the…
2Cited by2 opinions
- Bay State Brick Co. v. FosterMassachusetts Supreme Judicial Court · 1874
- Morrison v. HoweMassachusetts Supreme Judicial Court · 1876