Greene v. Mayor of Fitchburg
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on January 8, 1914, by an ice dealer, both wholesale and retail, against the mayor, the chief of police and the treasurer of the city of Fitchburg, to restrain the defendants from enforcing any of the provisions of a certain ordinance of that city relating to the sale of ice, which the plaintiff alleged to be illegal and void.
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Bill in equity, filed in the Superior Court on January 8, 1914, by an ice dealer, both wholesale and retail, against the mayor, the chief of police and the treasurer of the city of Fitchburg, to restrain the defendants from enforcing any of the provisions of a certain ordinance of that city relating to the sale of ice, which the plaintiff alleged to be illegal and void. The third and fourth prayers of the plaintiff’s bill, referred to at the end of the opinion, were as follows: “3. That the court will declare the said ordinance null and void and will thereafter permanently enjoin the…
1Opinion of the CourtSheldon, J.
The main question raised in this case is as to the validity of the ordinance of the city of Fitchburg. That depends upon the questions whether it is authorized by statute and whether it is reasonable. Commonwealth v. Crowninshield, 187 Mass. 221, 224.
By the charter of the city of Fitchburg, St. 1872, c. 81, § 24, the city council was given the power to “make by-laws, with *124suitable penalties, for the inspection, survey, measurement and sale” of certain specified articles which do not include ice (Commonwealth v. Reid, 175 Mass. 325), and also to “make all such salutary and needful by-laws as…
2Cases cited14 opinions
- Dobbins v. Los AngelesSupreme Court of the United States · 1904
- International Textbook Co. v. PiggSupreme Court of the United States · 1910
- Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878
- Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Bloom v. City of WorcesterMassachusetts Supreme Judicial Court · 1973
- Vigeant v. Postal Telegraph Cable Co.Massachusetts Supreme Judicial Court · 1927
- Kenyon v. City of ChicopeeMassachusetts Supreme Judicial Court · 1946
- Slome v. Chief of Police of FitchburgMassachusetts Supreme Judicial Court · 1939
- Morley v. Police CommissionerMassachusetts Supreme Judicial Court · 1927
18 more not listed; retrieve them via the Exa API.