Legal Opinion

Levin v. Goodwin

Massachusetts Supreme Judicial Court

Decided April 3, 1906PublishedCited by 18 opinions

Bill in equity,- filed March 7, 1905, by the owner of a wooden three story house with a' suite of rooms on each story, one occupied by the plaintiff with her husband and family and the others let to tenants, to restrain the tenant of the second floor of an adjoining building from operating four bowling alleys therein, especially at night.

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Bill in equity,- filed March 7, 1905, by the owner of a wooden three story house with a' suite of rooms on each story, one occupied by the plaintiff with her husband and family and the others let to tenants, to restrain the tenant of the second floor of an adjoining building from operating four bowling alleys therein, especially at night. The defendant in his answer alleged that he was carrying on the operation of the bowling alleys as a business under a license granted to him by the board of police of the city of Boston. In the Superior Court the case was heard by Richardson, J., who found…

1Opinion of the CourtLathrop, J.

The principal question in this case is whether the license granted to the defendant, under the R. L. c. 102, § 168, was a full protection to him; and we have no doubt that it was. The Legislature has seen fit to delegate to municipal authorities, except in Boston, and in Boston to the board of police, the power to grant a license to a person to keep a billiard, pool or sippio table, or a bowling alley for hire, gain or reward, upon such terms or conditions as they deem proper, and to revoke it at their pleasure.

*343There can be no doubt that the law is constitutional. Commonwealth v. Kinsley, 133…

2Cases cited4 opinions

  1. Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
  2. Commonwealth v. KinsleyMassachusetts Supreme Judicial Court · 1882
  3. Davis v. SawyerMassachusetts Supreme Judicial Court · 1882
  4. Murtha v. LovewellMassachusetts Supreme Judicial Court · 1896

3Cited by18 opinions

  1. Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
  2. Dudding v. Automatic Gas Co.Texas Supreme Court · 1946
  3. Hakkila v. Old Colony Broken Stone & Concrete Co.Massachusetts Supreme Judicial Court · 1928
  4. Strachan v. Beacon Oil Co.Massachusetts Supreme Judicial Court · 1925
  5. Marshall v. HolbrookMassachusetts Supreme Judicial Court · 1931

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