Commonwealth v. Clynes
Massachusetts Supreme Judicial Court
Complaint for keeping and maintaining a common nuisance, to wit, a tenement at New Bedford, used for the illegal keeping and illegal sale of intoxicating liquors, from April 18, 1889, to April 29,1889. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows. The defendant had a license of the first class, under the Pub.
Read the full summary
Complaint for keeping and maintaining a common nuisance, to wit, a tenement at New Bedford, used for the illegal keeping and illegal sale of intoxicating liquors, from April 18, 1889, to April 29,1889. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows. The defendant had a license of the first class, under the Pub. Sts. c. 100, § 10, to sell intoxicating liquors in the front room of the first floor of the building numbered 634 Acushnet Avenue, New Bedford, and lived up stairs with his family. The government offered evidence tending to…
1Opinion of the CourtDevbns, J.
The word “ tenement ” in its modern use often signifies such part of a house as is separately occupied by a single person or family, in contradistinction to the whole house. Commonwealth v. Hersey, 144 Mass. 297. It may consist of a single room or of contiguous rooms, or of rooms upon different stories, if such rooms are controlled by a single person and are used in connection with each other. The fact (if it were so) that one of the rooms was occupied and used as a shop, and another for a living room or kitchen, by the same person, would not make these rooms distinct tenements. Commonwealth…
2Cases cited2 opinions
- Commonwealth v. HerseyMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. BuckleyMassachusetts Supreme Judicial Court · 1888
3Cited by2 opinions
- State v. WallaceSupreme Judicial Court of Maine · 1921
- Commonwealth v. MullenMassachusetts Supreme Judicial Court · 1896