| Mass. | Sep 4, 1885
1. The object in giving notice of an application for a license is, that persons interested may have an opportunity to be heard thereon. The plaintiff in the present case had actual notice, and attended the hearing, and, by making no objection to the insufficiency of the notice, he waived longer notice to himself. Under these circumstances, it is nothing to him whether other persons had due notice or not. He cannot be heard to object that they did not. Hingham & Quincy Bridge & Turnpike v. Norfolk, 6 Allen, 353, 357.
2. The present defendant may avail itself of the license given to its predecessors in title. The license is not to be regarded as a personal trust, like a license to sell liquors or to keep an inn. Commonwealth v. Hadley, 11 Met. 66, 71. Looking at all the provisions of the statute, it appears rather that whatever authority is conferred by the license passes with the property.
3. A license to set up and run a stationary steam-engine, not exceeding two hundred and fifty horse-power, will not authorize the use of three such engines, which together do not exceed that amount of power. We cannot say that the use of three engines may not be more dangerous than the use of one engine of the
Other questions involved in this case are determined in Quinn v. Lowell Electric Light Corporation, ante, 106.
Exceptions sustained.