Commonwealth v. Hugo
Massachusetts Supreme Judicial Court
Indictment, charging George B. Hugo, Albert P. Hauck, and Mark J. Cody with exposing and keeping for sale intoxicating liquor in the town of Hyde Park.
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Indictment, charging George B. Hugo, Albert P. Hauck, and Mark J. Cody with exposing and keeping for sale intoxicating liquor in the town of Hyde Park. At the trial in the Superior Court, before Maynard, J., there was evidence tending to show that the defendant Hugo was a licensed dealer in intoxicating liquors in Boston; that he was also a common carrier of merchandise between Boston and Hyde Park, being the proprietor of an express route; that the defendants Hauck and Cody were in his employ as such common carrier, in the capacities of messenger and driver, respectively; that on July 11,…
1Opinion of the CourtMorton, J.
The motions to quash and in arrest of judgment have been waived, and therefore need not be considered.
Notwithstanding the form of the orders, there was evidence on which the jury properly could find that the liquors were not delivered until they reached in Hyde Park the hands of those ordering them, and that until then they were at the risk of the defendant Hugo. The jury might have found that the express was owned by the defendant Hugo, and used and run by him as a means of delivering the liquors that were ordered of him; and that the defendants Hauck and Cody were his servants, and were…
2Cases cited3 opinions
- Suit v. WoodhallMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. GreenfieldMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. BurgettMassachusetts Supreme Judicial Court · 1884
3Cited by4 opinions
- Thomas G. Jewett, Jr. Inc. v. Keystone Driller Co.Massachusetts Supreme Judicial Court · 1933
- Campbell Baking Co. v. City of Harrisonville, Mo.Court of Appeals for the Eighth Circuit · 1931
- Anglin v. StateMississippi Supreme Court · 1909
- Campbell Baking Co. v. City of Harrisonville, Mo.Court of Appeals for the Eighth Circuit · 1931