Inhabitants of Winthrop v. New England Chocolate Co.
Massachusetts Supreme Judicial Court
Bill in equity by the inhabitants of Winthrop to restrain the defendants from manufacturing chocolate, cocoa and other like products at a certain wooden factory building in Winthrop without the written permit of the selectmen required by the provisions of a certain by-law of the town, also, to restrain the defendants on the ground that their manufacturing business, for reasons set forth, was a public nuisance, filed January 25,1901. The defendants demurred to the bill and…
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Bill in equity by the inhabitants of Winthrop to restrain the defendants from manufacturing chocolate, cocoa and other like products at a certain wooden factory building in Winthrop without the written permit of the selectmen required by the provisions of a certain by-law of the town, also, to restrain the defendants on the ground that their manufacturing business, for reasons set forth, was a public nuisance, filed January 25,1901. The defendants demurred to the bill and also filed an answer. Among the causes of demurrer it was alleged, that the by-law relied upon was void as not authorized…
1Opinion of the CourtHammond, J.
The only statute upon which the plaintiff relies for the authority to pass the by-law in question is St. 1894, c. 481, § 11. Assuming that the town by its acceptance of this section or preceding statutes was authorized to act under the section, the question is, whether the by-law is within the authority thereby conferred. The authority is to pass by-laws “ for the prevention of fire and the preservation of life,” to “ regulate the inspection, materials, construction, alteration and use of buildings and structures.” The statute has nothing to do with the regulation of offensive trades, but its…
2Cases cited2 opinions
- City of Newton v. BelgerMassachusetts Supreme Judicial Court · 1887
- Inhabitants of Needham v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1890
3Cited by26 opinions
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Druzik v. Board of Health of HaverhillMassachusetts Supreme Judicial Court · 1949
- Leahy v. Inspector of BuildingsMassachusetts Supreme Judicial Court · 1941
- Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909
- Wyeth v. Board of Health of CambridgeMassachusetts Supreme Judicial Court · 1909
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