Legal Opinion

Burgess v. Mayor of Brockton

Massachusetts Supreme Judicial Court

Decided February 26, 1920PublishedCited by 81 opinions

Petition, filed on December 3, 1919, for a writ of certiorari directed to the mayor and aldermen and city clerk of the city of Brockton, commanding that the proceedings and records relating to the granting and revoking of certain licenses to operate motor vehicles for hire be certified to this court, and that such proceedings may be quashed and declared illegal; also a Bill in equity, filed in the Supreme Judicial Court on December 3,1919, and afterwards amended, seeking to…

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Petition, filed on December 3, 1919, for a writ of certiorari directed to the mayor and aldermen and city clerk of the city of Brockton, commanding that the proceedings and records relating to the granting and revoking of certain licenses to operate motor vehicles for hire be certified to this court, and that such proceedings may be quashed and declared illegal; also a Bill in equity, filed in the Supreme Judicial Court on December 3,1919, and afterwards amended, seeking to enjoin the mayor, aldermen and city marshal of the city of Brockton from preventing the plaintiffs from operating motor…

1Opinion of the CourtRugg, C. J.

The validity of an ordinance of the city of Brockton and of action of the mayor and aldermen of that city -under it are challenged in these proceedings. St. 1916, c. 293, has been accepted by the city council of the city of Brockton. Section 1 of that act authorizes cities and towns, which accept its provisions, “to license and regulate the transportation of passengers for hire as a business between fixed and regular termini by means of any motor vehicle,” with exceptions not here material, and to “make regulations for the operation -of such vehicles within their own limits.” Pursuant to the…

2Cases cited31 opinions

  1. Cheney Bros. Co. v. Commonwealth of MassachusettsSupreme Court of the United States · 1916
  2. People Ex Rel. Lodes v. Department of HealthNew York Court of Appeals · 1907
  3. Brodbine v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1903
  4. Palmer v. ClarkMassachusetts Supreme Judicial Court · 1871
  5. Commonwealth v. KingsburyMassachusetts Supreme Judicial Court · 1908

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3Cited by81 opinions

  1. Commonwealth v. FunkSupreme Court of Pennsylvania · 1936
  2. General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
  3. Selectmen of Topsfield v. State Racing CommissionMassachusetts Supreme Judicial Court · 1949
  4. Eustace v. DickeyMassachusetts Supreme Judicial Court · 1921
  5. Darling Apartment Co. v. SpringerSupreme Court of Delaware · 1941

76 more not listed; retrieve them via the Exa API.

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