Commonwealth v. Kelley
Massachusetts Supreme Judicial Court
Complaint, on the Pub. Sts. c. 100, § 12, to the Municipal Court of Boston, alleging that the defendant, who was licensed to sell intoxicating liquors on certain premises, used by him for such sale, placed and maintained upon said premises a certain screen, blind, shutter, curtain, and partition, in such a way as to interfere with a view of the business conducted upon the premises. and with a view of the interior of said premises.
Read the full summary
Complaint, on the Pub. Sts. c. 100, § 12, to the Municipal Court of Boston, alleging that the defendant, who was licensed to sell intoxicating liquors on certain premises, used by him for such sale, placed and maintained upon said premises a certain screen, blind, shutter, curtain, and partition, in such a way as to interfere with a view of the business conducted upon the premises. and with a view of the interior of said premises. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: It was admitted that the defendant was, on December…
1Opinion of the CourtW. Allen, J.
We think that the ruling and instructions were correct. The provision of the statute relates to the use and management of licensed premises, and its express intent is to secure an unobstructed view of their interior at all times by persons outside. It is addressed to the licensee only; no other person can violate it. It forbids him to do, or to permit to be done, the prohibited act, and, by fair intendment, includes acts done in the use of the premises in carrying on the business licensed, whether they are done by the licensee in person, or by his agent left by him in charge and management of…
2Cases cited2 opinions
- Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. UhrigMassachusetts Supreme Judicial Court · 1885
3Cited by10 opinions
- Commonwealth v. WarrenMassachusetts Supreme Judicial Court · 1894
- People v. D'AntonioAppellate Division of the Supreme Court of the State of New York · 1912
- State v. DenoonWest Virginia Supreme Court · 1888
- Commonwealth v. SacksMassachusetts Supreme Judicial Court · 1913
- Commonwealth v. WachendorfMassachusetts Supreme Judicial Court · 1886
5 more not listed; retrieve them via the Exa API.