Commonwealth v. Parks
Massachusetts Supreme Judicial Court
Complaint to the Police Court of Somerville, against Thomas Parks and William H. Riley, alleging that the defendants, on July 25, 1891, at Somerville, “did blast rock with gunpowder without written consent from the board of aldermen of said Somerville,” in violation of an ordinance of that city. Trial in the Superior Court, on appeal, before Braley, J., who allowed a bill of exceptions, in substance as follows.
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Complaint to the Police Court of Somerville, against Thomas Parks and William H. Riley, alleging that the defendants, on July 25, 1891, at Somerville, “did blast rock with gunpowder without written consent from the board of aldermen of said Somerville,” in violation of an ordinance of that city. Trial in the Superior Court, on appeal, before Braley, J., who allowed a bill of exceptions, in substance as follows. The ordinance in question, which was passed on October 20, 1886, provided, under a penalty of “ not less than five nor more than twenty dollars,” that “ no person shall blast rock or…
1Opinion of the CourtHolmes, J.
It is settled that, within constitutional limits not exactly determined, the Legislature may change the common law as to nuisances, and may move the line either way, so as to make things nuisances which were not so, or to make things lawful which were nuisances, although by so doing it affects the use or value of property. Sawyer v. Davis, 136 Mass. 239. Rideout v. Knox, 148 Mass. 368. It is still plainer that it may prohibit a use of land which the common law would regard as a nuisance if it endangered adjoining houses or the highway, and the Legislature may authorize cities and towns by…
2Cases cited9 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Barbier v. ConnollySupreme Court of the United States · 1884
- Rideout v. KnoxMassachusetts Supreme Judicial Court · 1889
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- City of Des Moines v. Manhattan Oil Co.Supreme Court of Iowa · 1921
- Selectmen of Topsfield v. State Racing CommissionMassachusetts Supreme Judicial Court · 1949
- MAYOR, & C., OF ALPINE BOROUGH v. BrewsterSupreme Court of New Jersey · 1951
- Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909
- Building Commissioner v. C. & H. Co.Massachusetts Supreme Judicial Court · 1946
41 more not listed; retrieve them via the Exa API.