Commonwealth v. Coleman
Massachusetts Supreme Judicial Court
Complaint, alleging that the defendant, on April 26, 1892, at Boston, sold to Edward Kelly a certain quantity of milk containing less than thirteen per cent of milk solids. At the trial in the Superior Court, before Blodgett, J., the following facts appeared. The defendant was the proprietor of a restaurant in Boston where milk was kept for sale.
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Complaint, alleging that the defendant, on April 26, 1892, at Boston, sold to Edward Kelly a certain quantity of milk containing less than thirteen per cent of milk solids. At the trial in the Superior Court, before Blodgett, J., the following facts appeared. The defendant was the proprietor of a restaurant in Boston where milk was kept for sale. On April 26, 1892, Edward Kelly, who was employed by the inspector of milk as a collector of samples, entered the restaurant for the purpose of obtaining a sample of milk for inspection, being at that time engaged in his regular duty of obtaining…
1Opinion of the CourtAllen, J.
The St. of 1886, c. 318, § 1, authorizes inspectors of milk or collectors of samples to enter all places where milk is stored or kept for sale, and to take samples. This implies that they may do so against the objection of the owner or person in charge; and when samples are taken under the authority of this section, a portion of each sample must, if desired, be sealed and delivered to the owner or person in charge. By § 3, if the inspector or collector refuses or neglects to do so after being so requested, no evidence of the result of the analysis can be received.
In the present case, the acts…
2Cases cited3 opinions
- Commonwealth v. TaylorMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. SpearMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. HoltMassachusetts Supreme Judicial Court · 1888
3Cited by4 opinions
- People v. Worden Grocer Co.Michigan Supreme Court · 1898
- Commonwealth v. HartfordMassachusetts Supreme Judicial Court · 1907
- Commonwealth v. PreviteMassachusetts Supreme Judicial Court · 1935
- People v. FerrarisSupreme Court of Puerto Rico · 1909