Commonwealth v. Cutter
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of the city of Boston, under chapter 49, section 25, of the Revised Ordinances of 1890, that the defendant, being the owner of a lot of land abutting on a private passageway which he had the right to use, suffered certain filth “ to remain on that part of said passageway abutted by and adjoining said land.”
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Complaint to the Municipal Court of the city of Boston, under chapter 49, section 25, of the Revised Ordinances of 1890, that the defendant, being the owner of a lot of land abutting on a private passageway which he had the right to use, suffered certain filth “ to remain on that part of said passageway abutted by and adjoining said land.” The ordinance is as follows: “ No owner or occupant of land abutting on a private passageway, and having the right to use such passageway, shall suffer any filth, or waste or stagnant water, to remain on that part of the passageway adjoining such land.” The…
1Opinion of the CourtMorton, J.
It is plain that the geperal object of the ordinance is to promote the health of the inhabitants of Boston. By the Pub. Sts. c. 27, § 15, towns may make by-laws for preserving peace and good order within their limits ; and by the St. of 1854, c. 448, § 35., the city council of Boston is given the “ power to make all such needful and salutary by-laws or ordinances ... as towns . . . have power to make and establish.” By the Pub. Sts. c. 28, § 2, it is also provided that “ chapter twenty-seven . . . shall apply to cities so far as . . . not inconsistent with the general or special provisions…
2Cases cited3 opinions
- Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. BarrettMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. PatchMassachusetts Supreme Judicial Court · 1867
3Cited by9 opinions
- Building Commissioner v. C. & H. Co.Massachusetts Supreme Judicial Court · 1946
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- C. Beck Co. v. City of MilwaukeeWisconsin Supreme Court · 1909
- Ex parte SloanNevada Supreme Court · 1923
- Kansas City v. HolmesSupreme Court of Missouri · 1918
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