Wheeler v. City of Boston
Massachusetts Supreme Judicial Court
Petitions, filed on May 23, 1918, and afterwards amended, against the city of Boston, its commissioner of public works and its health commissioner for writs of mandamus directing the granting and approving of permits to the petitioners to convey garbage through the streets of Boston. The cases were ordered to be tried together and were referred to an auditor.
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Petitions, filed on May 23, 1918, and afterwards amended, against the city of Boston, its commissioner of public works and its health commissioner for writs of mandamus directing the granting and approving of permits to the petitioners to convey garbage through the streets of Boston. The cases were ordered to be tried together and were referred to an auditor. The auditor filed a report and, upon recommittal, a supplementary report, and the cases then were heard by Braley, J., upon the petitions and answers, certain facts agreed to and the auditor’s reports. He found the facts as they were…
1Opinion of the CourtRugg, C. J.
These are petitions for writs of mandamus. They are brought to compel the appropriate public officers of the city of Boston to grant and approve permits to the petitioners, who are farmers doing business in neighboring towns, to convey garbage through the streets of Boston on its way to their farms, there to be fed to swine.
The pertinent facts are, that the petitioners have for the collection and transportation of garbage modern and sanitary appliances, which are kept clean and wholesome, and that they have *277been accustomed for several years to do this work in a careful and entirely…
2Cases cited18 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- California Reduction Co. v. Sanitary Reduction WorksSupreme Court of the United States · 1905
- Gardner v. MichiganSupreme Court of the United States · 1905
- City of Rochester v. . GutberlettNew York Court of Appeals · 1914
- Train v. Boston Disinfecting Co.Massachusetts Supreme Judicial Court · 1887
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3Cited by16 opinions
- Bishop v. City of TulsaCourt of Criminal Appeals of Oklahoma · 1922
- Commonwealth v. BadgerMassachusetts Supreme Judicial Court · 1922
- State Ex Rel. Moock v. City of CincinnatiOhio Supreme Court · 1929
- City of Malden v. FlynnMassachusetts Supreme Judicial Court · 1945
- In Re SantosCalifornia Court of Appeal · 1928
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