274 Mass. 155 | Mass. | 1931
This is an appeal from a decree of the Superior Court dismissing a bill in equity brought by the plaintiff to annul orders of the commissioner of public safety and the fire marshal. On June 20, 1927, the street commissioners of the city of Boston (to whom authority to grant and issue' the license and permit hereinafter referred to had been duly delegated by the fire marshal) granted a license and permit to the plaintiff to store two million fifty-six thousand three hundred twenty gallons of petro
The fire marshal in the metropolitan district has the power to grant both licenses and permits. G. L. c. 148, § 30. See Rawding v. State Fire Marshal, 272 Mass. 307, where the authority of the marshal in the metropolitan district and in towns outside the district is discussed and the distinction between a permit and license pointed out. The fire marshal can delegate this power. G. L. c. 148, § 31. By G. L. c. 148, § 45, the marshal shall hear and determine all appeals from acts and decisions of those acting under his authority and make all necessary and proper orders thereon. “ Any person aggrieved by any such action of the head of a fire department or other person may appeal to the marshal.”
The plaintiff contends that Niland is not a “ person aggrieved ” within the meaning of the statute. As the fire marshal acted on Niland’s appeal and ordered the revocation of the license, his action “imports a finding of all facts necessary to sustain it which could be found by him from the evidence and from his other sources of information.” St. James Building Corp. v. Commissioner of Public Safety, 260 Mass. 548, 551. The fire marshal is presumed to have acted honestly and fairly. See Davis v. Board of Registration in Medicine, 251 Mass. 283. His order, therefore, revoking the license "granted by the street commissioners was proper unless, as matter of law, a tank
It could not be said that as matter of law Niland was not a person aggrieved by the action of the street commissioners. He was the owner of property which, it could be found, was exposed to an additional fire hazard; he was therefore adversely affected and was aggrieved by the action. He could, under the terms of the statute, appeal to the fire marshal. The Niland property did not abut on the site of the proposed tank, but this did not prevent the owner from being aggrieved if his property was exposed to an additional fire hazard. The words “person aggrieved ” are to be given a comprehensive meaning. Godfrey v. Building Commissioner of Boston, 263 Mass. 589, 591. The statute was intended to permit any person whose rights were affected by the action of the street commissioners to appeal from their order and to bring to the attention of the fire marshal any facts showing the danger likely to result if the original license was acted on. See Ayer v. Commissioners on Height of Buildings in Boston, 242 Mass. 30, 33. There is nothing contrary to what is here decided in Donham v. Public Service Commissioners, 232 Mass. 309.
The commissioner of public safety had authority to
We have considered all matters argued by the plaintiff. We find no error in the proceedings. Niland, being a person aggrieved, could appeal to the cfire marshal who had full authority to revoke the license, and this action could be approved by the commissioner of public safety.
Decree affirmed.