Alter v. Dodge
Massachusetts Supreme Judicial Court
Bill in EQUITY to restrain the defendant from erecting and using a stationary steam-engine, boilers, and other machinery, and a brick engine-house and chimney, within five hundred feet of the plaintiff’s dwelling-house, in Newburyport. The case was heard by W. Allen, J., and reserved, at the plaintiff’s request, for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
This cause was set down for hearing, and was heard, upon the bill and answer. All the allegations of the answer must be taken to be true, and the plaintiff therefore concedes that the only ground upon which she can maintain the bill is that the license granted to the defendant by the board of aldermen of the city of Newburyport is insufficient and invalid.
The defendant is the owner of a brick building used as a manufactory of shoes, situated within five hundred feet of the plaintiff’s dwelling-house. After due hearing, the board of aider-men granted him a license in the following terms: “…
2Cited by3 opinions
- Murtha v. LovewellMassachusetts Supreme Judicial Court · 1896
- Whitcomb v. VigeantMassachusetts Supreme Judicial Court · 1922
- White v. KenneyMassachusetts Supreme Judicial Court · 1892