Sawyer v. State Board of Health
Massachusetts Supreme Judicial Court
Petition, filed May 12, 1876, to the Superior Court, alleging that on April 3, 1876, the petitioner was, and for seven years before had been, a butcher, and lawfully engaged in the business of slaughtering cattle and sheep on premises occupied by him in Watertown; that this business was not at any time a nuisance, or hurtful to the inhabitants of Watertown, or dangerous to the public health, and the exercise thereof was not at any time attended by noisome or injurious odors,…
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Petition, filed May 12, 1876, to the Superior Court, alleging that on April 3, 1876, the petitioner was, and for seven years before had been, a butcher, and lawfully engaged in the business of slaughtering cattle and sheep on premises occupied by him in Watertown; that this business was not at any time a nuisance, or hurtful to the inhabitants of Watertown, or dangerous to the public health, and the exercise thereof was not at any time attended by noisome or injurious odors, and was not - at any time otherwise injurious to the estates of the inhabitants of Water-town, or contrary to public…
1Opinion of the CourtLord, J.
The only question which has been submitted for a determination in this case is, Has the petitioner, under the statutes of this Commonwealth, a right to a trial by jury upon the question whether the exercise of his business is dangerous to the public health ? It is contended by the petitioner that, if the St. of 1871, c. 167, applies to his building and trade, and deprives him of the right of appeal to a jury, it is unconstitutional. The respondent, on the other hand, contends that the statute is simply a license law, and can be sustained as a license law, even to the extent of preventing the…
2Cited by14 opinions
- Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- Train v. Boston Disinfecting Co.Massachusetts Supreme Judicial Court · 1887
- Hunstiger v. KilianSupreme Court of Minnesota · 1915
- Sears v. Street Commissioners of BostonMassachusetts Supreme Judicial Court · 1899
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