Inhabitants of Quincy v. Kennard
Massachusetts Supreme Judicial Court
Bill in equity to prevent the defendants, as occupants of certain premises upon a public street' in the town of Quincy, from using the premises for the carrying on and exercise of the trade or employment of keeping swine without a permit.
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Bill in equity to prevent the defendants, as occupants of certain premises upon a public street' in the town of Quincy, from using the premises for the carrying on and exercise of the trade or employment of keeping swine without a permit. The bill alleged, that on July 11,1888, the board of health of the town passed an order forbidding within the limits of the town “the exei’cise of the trade or employment of keeping swine, which is a nuisance dangerous to the public health, attended by noisome and injurious odors, and is otherwise injurious to the estates of the inhabitants of Quincy, . . .…
1Opinion of the CourtHolmes, J.
It is admitted that the board of health had authority to forbid the exercise of the employment of keeping swine in the town of Quincy. Pub. Sts. c. 80, § 84. Commonwealth v. Young, 135 Mass. 526. Taunton v. Taylor, 116 Mass. 254. But it is argued that the order passed was invalid, because the prohibition contained in it was qualified by the words “ without a permit in writing first obtained from the board of health.” We are at a loss to see how it affects the validity of the order, *564that the board expressly reserved to themselves a power to do what they could have done even if the prohibition…
2Cases cited2 opinions
- City of Taunton v. TaylorMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. YoungMassachusetts Supreme Judicial Court · 1883
3Cited by39 opinions
- Wilson v. Eureka CitySupreme Court of the United States · 1899
- Commonwealth v. ParksMassachusetts Supreme Judicial Court · 1892
- In re FlahertyCalifornia Supreme Court · 1895
- Butler v. Town of East BridgewaterMassachusetts Supreme Judicial Court · 1953
- State v. WilliamsSupreme Court of Missouri · 1901
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