City of Salem v. Maynes
Massachusetts Supreme Judicial Court
Bill in equity, filed July 19, 1877, against William Maynes and Henry W. Balcomb, under the St. of 1872, c. 243,* for the removal of a wooden building, alleged to have been erected in violation of an ordinance of the city of Salem, passed on April 23, 1877, establishing the limits of a fire district, within which the building was situated, and providing as follows : “No person shall erect, or cause to be erected, within said district, any wooden building of more than fifteen…
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Bill in equity, filed July 19, 1877, against William Maynes and Henry W. Balcomb, under the St. of 1872, c. 243,* for the removal of a wooden building, alleged to have been erected in violation of an ordinance of the city of Salem, passed on April 23, 1877, establishing the limits of a fire district, within which the building was situated, and providing as follows : “No person shall erect, or cause to be erected, within said district, any wooden building of more than fifteen feet in height from the foundation thereof (which foundation shall not exceed three feet from the level of the street)…
1Opinion of the CourtGray, C. J.
There can be no doubt of the right of the Legislature, in the exercise of the police power, and for the protection of persons and property against the dangers of fire, to authorize cities and towns, by ordinances and by-laws, to restrict or prohibit the erection of wooden buildings within the municipality, or within any district thereof. Respublica v. Duquet, 2 Yeates, 493. Wadleigh v. Gilman, 3 Fairf. 403. All contracts between individuals, and even charters granted by the state, are subject to the exercise of this power. Commonwealth v. Intoxicating liquors, 115 Mass. 153. Woodlawn Cemetery…
2Cases cited4 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Woodlawn Cemetery v. Inhabitants of EverettMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1874
- Respublica v. DuquetSupreme Court of Pennsylvania · 1799
3Cited by39 opinions
- White's AppealSupreme Court of Pennsylvania · 1926
- City of Des Moines v. Manhattan Oil Co.Supreme Court of Iowa · 1921
- Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
- Brett v. Building CommissionerMassachusetts Supreme Judicial Court · 1924
- Spector v. Building InspectorMassachusetts Supreme Judicial Court · 1924
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