Inhabitants of Belmont v. New England Brick Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on May 29, 1903, by the inhabitants of the town of Belmont against the .New England Brick Company, alleging that the board of health on February 7 passed the following order of prohibition: “ Reg. 19. The exercise of the trade or employment of excavating clay for the purpose of manufacturing bricks, (except upon the premises now owned and operated by the New England Brick Co.,) is hereby prohibited within the limits of the town of…
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Bill in equity, filed in the Superior Court on May 29, 1903, by the inhabitants of the town of Belmont against the .New England Brick Company, alleging that the board of health on February 7 passed the following order of prohibition: “ Reg. 19. The exercise of the trade or employment of excavating clay for the purpose of manufacturing bricks, (except upon the premises now owned and operated by the New England Brick Co.,) is hereby prohibited within the limits of the town of Belmont, except in accordance with a written permit to be first granted by the Board of Health of said town. “ Any…
1Opinion of the CourtBraley, J.
By the decree dismissing the bill the questions that might have arisen under the defendant’s demurrer and motion to frame issues to be tried by a jury are rendered imma*445terial, and the only question presented for our decision is the validity of the order passed by the board of health, which under the terms of the reservation must be construed to mean whether upon the evidence introduced by the plaintiff, and which is fully reported, the bill can be maintained.
In the exercise of the plenary statutory authority with which it is clothed a board of health of a town may make such general…
2Cases cited15 opinions
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Hawthorn v. PeopleIllinois Supreme Court · 1883
- Train v. Boston Disinfecting Co.Massachusetts Supreme Judicial Court · 1887
- Commonwealth v. ParksMassachusetts Supreme Judicial Court · 1892
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3Cited by20 opinions
- Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909
- Chase v. Proprietors of the Revere HouseMassachusetts Supreme Judicial Court · 1919
- Goldstein v. ConnerMassachusetts Supreme Judicial Court · 1912
- Hunstiger v. KilianSupreme Court of Minnesota · 1915
- Kilgour v. GrattoMassachusetts Supreme Judicial Court · 1916
15 more not listed; retrieve them via the Exa API.