Commonwealth v. Staples
Massachusetts Supreme Judicial Court
Complaint, received and sworn to in the Fourth District Court of Plymouth on February 7,1905, alleging that the defendant on January 19, 1905, entered upon Assawompsett Pond in Lakeville, used by the city of Taunton as a source of water supply, for the purpose of cutting and taking ice therefrom without a written permit signed by the board of water commissioners of that city, contrary to the rules made and established by the State board of health.
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Complaint, received and sworn to in the Fourth District Court of Plymouth on February 7,1905, alleging that the defendant on January 19, 1905, entered upon Assawompsett Pond in Lakeville, used by the city of Taunton as a source of water supply, for the purpose of cutting and taking ice therefrom without a written permit signed by the board of water commissioners of that city, contrary to the rules made and established by the State board of health. On appeal to the Superior Court the case was tried before Qashill, J. The regulation of the State board of health alleged to have been violated was…
1Opinion of the CourtLoring, J.
The regulation here in question was made under St. 1897, c. 510, § 1, (now R. L. c. 75, § 113,) which gives the State board of health “ authority to make rules, regulations and orders for the purpose of preventing the pollution and securing the sanitary protection ” of ponds used inter alia as sources of water supply.
It is not necessary to decide whether the principle acted on in Commonwealth v. Sisson, 189 Mass. 247, and in Brodbine v. Revere, 182 Mass. 598, would enable the State board acting under *386this statute to make a regulation requiring a permit to cut ice on such ponds.
However that…
2Cases cited2 opinions
- Brodbine v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. SissonMassachusetts Supreme Judicial Court · 1905
3Cited by10 opinions
- Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909
- Commonwealth v. SlocumMassachusetts Supreme Judicial Court · 1918
- Brown v. City of NewburyportMassachusetts Supreme Judicial Court · 1911
- Cawley v. Northern Waste Co.Massachusetts Supreme Judicial Court · 1921
- Commonwealth v. BadgerMassachusetts Supreme Judicial Court · 1922
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