Attorney General v. Tarr
Massachusetts Supreme Judicial Court
Information in equity, filed at the relation of certain inhabitants of Gloucester, in behalf of themselves and the rest of its inhabitants, for the removal of a building, and a wall in process of construction, placed by the defendants upon a common landing place in that city.
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Information in equity, filed at the relation of certain inhabitants of Gloucester, in behalf of themselves and the rest of its inhabitants, for the removal of a building, and a wall in process of construction, placed by the defendants upon a common landing place in that city. Hearing, upon the pleadings and exceptions alleged by the plaintiff to the report of a master, to whom the case was referred, before Morton, C. J., who sustained the exceptions, and ordered a decree to be entered for the plaintiff; and the defendants appealed to the full court. The facts appear in the opinion.
1Opinion of the CourtDevens, J.
This information, filed by the Attorney General, prays relief against the defendants, upon the ground that they have erected and are proceeding to erect certain structures upon a common and public landing place which are a nuisance thereto at common law and within the meaning of the Pub. Sts. c. 54, § 1. The defendants do not seek to justify the continuance of these structures as having been maintained for forty years. They deny that the locus upon which the structures are now erected, or are being erected, is a common landing place, or that they interfere -with any rights of the public or…
2Cases cited7 opinions
- Attorney General v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1882
- General v. WoodsMassachusetts Supreme Judicial Court · 1871
- Hayden v. StoneMassachusetts Supreme Judicial Court · 1873
- Attorney General v. City of SalemMassachusetts Supreme Judicial Court · 1869
- Inhabitants of Deerfield v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1887
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3Cited by23 opinions
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Attorney General v. WilliamsMassachusetts Supreme Judicial Court · 1899
- Clark v. AllamanSupreme Court of Kansas · 1905
- Attorney General v. Trustees of Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1946
- Prentiss v. City of GloucesterMassachusetts Supreme Judicial Court · 1920
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