Commonwealth v. Abbott
Massachusetts Supreme Judicial Court
Appeal, from a judgment upon a complaint from the police court of Lynn, charging that the defendant on May 2, 1892, “ did own and maintain a certain building situated on a public street in said Lynn, in which said street there is a public sewer, without connecting with said public sewer as required by St. 1890, c. 182, § 1, of said Commonwealth, and the regulations of the board of health of said city of Lynn.”
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Appeal, from a judgment upon a complaint from the police court of Lynn, charging that the defendant on May 2, 1892, “ did own and maintain a certain building situated on a public street in said Lynn, in which said street there is a public sewer, without connecting with said public sewer as required by St. 1890, c. 182, § 1, of said Commonwealth, and the regulations of the board of health of said city of Lynn.” Trial in the Superior Court, before Dunbar, J., who reported the case, at the defendant’s request, for the determination of the Supreme Judicial Court, in substance as follows. On the…
1Opinion of the CourtHolmes, J.
This is a complaint against the defendant under St. 1890, c. 132, for maintaining a building not connected with a public sewer, although required to connect it by the board of health. The constitutionality of the act now is admitted; Commonwealth v. Roberts, 155 Mass. 281. The commission of the offence also is admitted, subject only to the question whether the sewer was a public sewer.
The city council attempted to lay out the sewer under the authority conferred upon it by the charter. St. 1850, c. 184, § 15. If the charter was repealed by St. 1869, c. Ill, Pub. Sts. c. 50, §§ 1-3, it is not…
2Cases cited11 opinions
- Commonwealth v. RobertsMassachusetts Supreme Judicial Court · 1892
- Bennett v. City of New BedfordMassachusetts Supreme Judicial Court · 1872
- Taft v. CommonwealthMassachusetts Supreme Judicial Court · 1893
- Townsend v. HoyleSupreme Court of Connecticut · 1849
- Brewer v. Boston, Clinton & Fitchburg RailroadMassachusetts Supreme Judicial Court · 1873
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3Cited by6 opinions
- Barnes v. PeckMassachusetts Supreme Judicial Court · 1933
- Norton v. City of New BedfordMassachusetts Supreme Judicial Court · 1896
- Whitten v. City of HaverhillMassachusetts Supreme Judicial Court · 1910
- Smith v. Abington Savings BankMassachusetts Supreme Judicial Court · 1898
- Attorney General v. Board of Public Welfare of WilmingtonMassachusetts Supreme Judicial Court · 1952
1 more not listed; retrieve them via the Exa API.