Manning v. Bruce
Massachusetts Supreme Judicial Court
•Bill in equity, filed August 28, 1902, by an owner of land and a dwelling house in Everett against the mayor and the members of the board of health of that city, to restrain them from erecting and maintaining a hospital on land adjoining that of the plaintiff for the care of persons suffering from smallpox and other contagious diseases. In the Superior Court Hardy, J. made a decree dismissing the bill with costs; and the plaintiff appealed.
1Opinion of the CourtHammond, J.
1. The defendants rely upon St. 1902, c. 465, for their justification. The first contention of the plaintiff is that the alleged taking of the land for a hospital is invalid because the provisions of the statute were not complied with in that the taking was by the mayor and not by the city. The statute (§ 1) provided that “ the city of Everett by its city council may take any lands within the limits of said city ” for the erection of a hospital for the care of persons suffering from contagious diseases, and that (§ 2) “ within sixty days after the taking of any land . . . the city council…
2Cases cited1 opinion
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
3Cited by4 opinions
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Barry v. SmithMassachusetts Supreme Judicial Court · 1906
- Cook v. City of Fall RiverMassachusetts Supreme Judicial Court · 1921
- Inhabitants of Needham v. City of FitchburgMassachusetts Supreme Judicial Court · 1921