Frank S. Swain for appellants.
Domenick L. Gabrielli, District Attorney, for respondent.
quality. It is not something that may reasonably be foreseen in time to deliberate, exercise judgment or discretion and to take action before serious damage occurs. It is sudden, acute and taut. The Supreme Judicial Court of the State of Massachusetts has had occasion to define the phrase "a special emergency involving the health or safety of the people or their property." It said in
Safford v. Lowell (255 Mass. 220, 225): "Without attempting an exact or all inclusive definition, it is manifest that that language
does not apply to a condition which may clearly be foreseen in abundant time to take remedial action before serious damage to the health or to the safety of person or property is likely to occur." (Emphasis supplied.) The creation of a torn-up street in proximity to the fire station may have also created a situation necessitating action to require the street to be unimpeded. However, this condition could have been clearly "foreseen in abundant time to take remedial action". It did not occur suddenly and unexpectedly. Nor was it unusual. Accordingly, it did not create a special emergency empowering the police chief to perform such acts not vested to him by any ordinance or statute. Accordingly, the judgment of conviction is hereby reversed and the fines are hereby remitted.