Durgin v. Minot
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on July 20, 1908, by the members of the board of health of the city of. Boston, to compel the defendants as the owners of a private passageway in Boston, known as Butlers Row, running westerly and southerly from Chatham Row to State Street in Boston, to cause that passageway to be paved with material and in a manner satisfactory to the plaintiffs in accordance with an order made by them under the provisions of St. 1894, c. 119.…
Read the full summary
Bill in equity, filed in the Superior Court on July 20, 1908, by the members of the board of health of the city of. Boston, to compel the defendants as the owners of a private passageway in Boston, known as Butlers Row, running westerly and southerly from Chatham Row to State Street in Boston, to cause that passageway to be paved with material and in a manner satisfactory to the plaintiffs in accordance with an order made by them under the provisions of St. 1894, c. 119. Certain of the defendants demurred to the bill on the ground, among others, that the statute, under which the order of the…
1Opinion of the CourtBraley, J.
It is not improbable that, by the accumulation of stagnant water or of filth on the surface of the roadbed of a private way which is extensively used, it may become so offensive as to be dangerous to the health of the community. But if this condition is found by the authorities to constitute a nuisance, the board of health under B. L. c. 75, §§ 65, 67, has been delegated ample power to order it abated, although they need not direct the mode of abatement. If the mode is prescribed, the landowner or occupant, after notice, need not follow it, but may do away with the cause of complaint in any…
2Cases cited18 opinions
- Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. StraussMassachusetts Supreme Judicial Court · 1906
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Goodridge v. Department of Public HealthMassachusetts Supreme Judicial Court · 2003
- Consolidated Cigar Corp. v. Department of Public HealthMassachusetts Supreme Judicial Court · 1977
- Baker v. ParsonsMassachusetts Supreme Judicial Court · 2001
- Bogni v. PerottiMassachusetts Supreme Judicial Court · 1916
- Goldstein v. ConnerMassachusetts Supreme Judicial Court · 1912
11 more not listed; retrieve them via the Exa API.