Cook v. City of Fall River
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 3, 1920, to enjoin the defendant from erecting a hospital for the reception of persons having tuberculosis in that part of Fall River called the Highlands. In the Superior Court the suit was referred to a master. The testimony of Richard P. Borden, Esquire, referred to in the opinion, was reported in full in the record.
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Bill in equity, filed in the Superior Court on June 3, 1920, to enjoin the defendant from erecting a hospital for the reception of persons having tuberculosis in that part of Fall River called the Highlands. In the Superior Court the suit was referred to a master. The testimony of Richard P. Borden, Esquire, referred to in the opinion, was reported in full in the record. He testified, among other things, in substance that, from 1906 on, about one half of his time had been devoted to studies of matters connected with hospitals, public health matters, not from the medical point of view, but…
1Opinion of the CourtDe Courcy, J.
This is a bill in equity to enjoin the erection of a tuberculosis hospital, on the ground that it will constitute a nuisance. The case was sent to a master and he found the following salient facts: By virtue' of St. 1912, c. 151, it became the duty of the city of Fall River to establish and maintain within its limits a hospital for persons having tuberculosis; and it was subject to a penalty of not more than $500 for each refusal or neglect to do so when requested by the State board of health. The city had been using the Bay Street hospital for tuberculosis patients since 1910. The State…
2Cases cited5 opinions
- Everett v. PaschallWashington Supreme Court · 1910
- Barry v. SmithMassachusetts Supreme Judicial Court · 1906
- Cherry v. . WilliamsSupreme Court of North Carolina · 1908
- Jordan v. Adams Gas Light Co.Massachusetts Supreme Judicial Court · 1918
- Manning v. BruceMassachusetts Supreme Judicial Court · 1904
3Cited by9 opinions
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- Commonwealth v. ReillyMassachusetts Supreme Judicial Court · 1924
- Whitcomb v. VigeantMassachusetts Supreme Judicial Court · 1922
- Phillips v. AllinghamNew Mexico Supreme Court · 1934
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