Quinn v. Lowell Electric Light Corp.
Massachusetts Supreme Judicial Court
Tort for a nuisance, namely, the maintenance and use of a steam-engine, boilers, and machinery for generating electricity for lighting purposes at the defendant’s works on Middle Street in Lowell, and within five hundred feet of the plaintiff’s dwelling-house. Writ dated November 22, 1883. The defendant justified under a license from the mayor and aldermen of. Lowell.
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Tort for a nuisance, namely, the maintenance and use of a steam-engine, boilers, and machinery for generating electricity for lighting purposes at the defendant’s works on Middle Street in Lowell, and within five hundred feet of the plaintiff’s dwelling-house. Writ dated November 22, 1883. The defendant justified under a license from the mayor and aldermen of. Lowell. Trial in the Superior Court, before Rockwell, J., who directed a verdict for the defendant; and reported the case for the determination of this court. If the ruling was right, judgment was to be entered on the verdict;…
1Opinion of the CourtW. Allen, J.
The license was under the Pub. Sts. e. 102, §§ 40, 47, which prohibit the erection of a stationary engine within five hundred feet of a dwelling-house or public building, without a license, in any city or town in which the St. of 1862, c. 74, has been adopted “ at a legal meeting of the city council of the city or the inhabitants of the town called for that purpose.” The St. of 1862, c. 74, was adopted at a regular meeting of the city council, and not at a special meeting called for the purpose. We think that the requirement that the adoption shall be at a meeting called for the purpose is…
2Cited by8 opinions
- Flynn v. ButlerMassachusetts Supreme Judicial Court · 1905
- Murtha v. LovewellMassachusetts Supreme Judicial Court · 1896
- White v. KenneyMassachusetts Supreme Judicial Court · 1892
- In re House Resolution No. 10Supreme Court of Colorado · 1911
- State v. ScafferSupreme Court of Minnesota · 1905
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