Gregg v. Wyman
Massachusetts Supreme Judicial Court
In this action, which was brought to recover the value of a horse let by the plaintiff to the defendants, the declaration contained two counts, the first in trover for a conversion, and the second in case for the destruction of the horse by immoderate driving. The trial was before Wells, ,C. J-, in the court of common pleas.
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In this action, which was brought to recover the value of a horse let by the plaintiff to the defendants, the declaration contained two counts, the first in trover for a conversion, and the second in case for the destruction of the horse by immoderate driving. The trial was before Wells, ,C. J-, in the court of common pleas. The plaintiff introduced evidence, that on Sunday, the 12th of July, 1846, he let a horse to the defendants to go- to Chelsea; that they went to Chelsea beach, a place different from the village of Chelsea, and from thence to Lynn and several other towns not on the route…
1Opinion of the CourtFletcher, J.
By the Rev. Sts. c. 50, §. 1, it is enacted, that “ No person shall do any manner of labor, business or work, except only works of necessity or charity, on the Lord’s day; and any person so offending shall be punished by a fine not exceeding ten dollars for every offence.” By the second section it is provided, that “ No person shall travel on the Lord’s day, except from necessity or charity; and every person so offending shall be punished by a fine not exceeding ten dollars for every offence.”
Letting the horse by the plaintiff was a matter of business, which he could not lawfully do on the…
2Cases cited5 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Phalen v. ClarkSupreme Court of Connecticut · 1849
- Lyon v. StrongSupreme Court of Vermont · 1834
- Northrup v. FootNew York Supreme Court · 1835
- Berrill v. Smith, Pennsylvania Court of Common Pleas, Philadelphia County1840
3Cited by4 opinions
- Levy v. Kansas CityCourt of Appeals for the Eighth Circuit · 1909
- Marshall v. LovellCourt of Appeals for the Third Circuit · 1926
- McNeill v. Railroad Co.Supreme Court of North Carolina · 1904
- Stewart v. WrightCourt of Appeals for the Eighth Circuit · 1906