Burke v. Board of Health
Massachusetts Supreme Judicial Court
Petition, filed in the Supreme Judicial Court on August 7,1914, and afterwards amended, for a writ of mandamus directing the board of health of Holyoke to issue to the petitioner a permit to do certain plumbing work for one John Sommers. The case was heard upon an agreed statement of facts by Braley, J. It appeared that the petitioner was licensed as a journeyman plumber, but was not a master plumber.
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Petition, filed in the Supreme Judicial Court on August 7,1914, and afterwards amended, for a writ of mandamus directing the board of health of Holyoke to issue to the petitioner a permit to do certain plumbing work for one John Sommers. The case was heard upon an agreed statement of facts by Braley, J. It appeared that the petitioner was licensed as a journeyman plumber, but was not a master plumber. According to an agreed statement of facts which was included as a part of the report of the single justice, sections 2 and 22 of chapter 27 of the Revised Ordinances of the city of Holyoke were…
1Opinion of the CourtSheldon, J.
The petitioner is a duly licensed journeyman plumber; and under our statutes there is nothing unlawful in his contracting to do or in his doing by his own labor the work which he has contracted with Sommers to do. Sts. 1912, c. 518; 1910, c. 597; 1909, c. 536. Commonwealth v. Beaulieu, 213 Mass. 138: Barriere v. Depatie, ante, 33. He is a competent plumber, with sufficient manual skill and technical knowledge to do the work, and intends to do it himself without employing any one to assist him. He is not a master plumber.
If we assume that the city of Holyoke could by ordinance require that a…
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