Quinn v. Middlesex Electric Light Co.
Massachusetts Supreme Judicial Court
Tort for a nuisance, namely, the maintenance and use of steam-engines, boilers, and machinery for generating electricity for lighting purposes at the defendant’s works on Middle Street in Lowell, and within five hundred feet of the plaintiff’s dwelling-house.
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Tort for a nuisance, namely, the maintenance and use of steam-engines, boilers, and machinery for generating electricity for lighting purposes at the defendant’s works on Middle Street in Lowell, and within five hundred feet of the plaintiff’s dwelling-house. Writ dated April 24, 1884. At the trial in the Superior Court, before Rockwell, J., the defendant justified under a license granted to the Lowell Electric Light Corporation on March 20,1883, being the same license set forth in the preceding case. The plaintiff, in addition to the points taken in the preceding case, contended that the…
1Opinion of the CourtC. Allen, J.
1. The object in giving notice of an application for a license is, that persons interested may have an opportunity to be heard thereon. The plaintiff in the present case had actual notice, and attended the hearing, and, by making no objection to the insufficiency of the notice, he waived longer notice to himself. Under these circumstances, it is nothing to him whether other persons had due notice or not. He cannot be heard to object that they did not. Hingham & Quincy Bridge & Turnpike v. Norfolk, 6 Allen, 353, 357.
2. The present defendant may avail itself of the license given to its…
2Cases cited1 opinion
- Clark v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
3Cited by12 opinions
- Morrison v. Selectmen of WeymouthMassachusetts Supreme Judicial Court · 1932
- Pitman v. City of MedfordMassachusetts Supreme Judicial Court · 1942
- Higgins v. License Commissioners of QuincyMassachusetts Supreme Judicial Court · 1941
- R. I. Home Builders, Inc. v. Budlong Rose Co.Supreme Court of Rhode Island · 1950
- Hanley v. CookMassachusetts Supreme Judicial Court · 1923
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