M & M TRANSPORTATION CO. v. WELLESLEY


333 Mass. 11 (1955)

127 N.E.2d 794

M & M TRANSPORTATION COMPANY vs. TOWN OF WELLESLEY.

Supreme Judicial Court of Massachusetts, Norfolk.

June 30, 1955.


Attorney(s) appearing for the Case

LaRue Brown, (Raymond H. Young with him,) for the plaintiff.

Russell J. Coffin, for the defendant.

Present: QUA, C.J., WILKINS, SPALDING, WILLIAMS, & COUNIHAN, JJ.


QUA, C.J.

This is a bill by a corporation engaged in the business of transporting property over the highways to enjoin the town from enforcing a new traffic regulation adopted in 1952 by the selectmen, and for a declaration that the new regulation is invalid. The case was reported by the single justice upon the pleadings and an "agreement as to all the material facts constituting a case stated."

The new regulation, known as § 22 of art. VII, reads, "The...

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