Commonwealth v. Warren
Massachusetts Supreme Judicial Court
Complaint, on the St. 1886, c. 318, § 2, alleging that the defendant, on August 26,1893, at Boston, sold to Edward Kelly a certain quantity of milk “ not of good standard quality.” Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Complaint, on the St. 1886, c. 318, § 2, alleging that the defendant, on August 26,1893, at Boston, sold to Edward Kelly a certain quantity of milk “ not of good standard quality.” Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. The evidence for the government tended to show that, in August, 1893, one Edward Kelly, a sample collector of milk, in the employment of the inspector of milk, called at a hotel known as the Bay State House, in Boston, and ordered a breakfast in the dining-hall of the hotel, which was a public house…
1Opinion of the CourtMorton, J.
The statute makes a party liable for a sale by himself, or by his agent or servant, of milk not of the standard quality. St. 1886, c. 318, § 2. Mo criminal intent on the part of the master or principal is necessary in order to render him liable for a sale in violation of the statute, and he may consequently be held liable for an inadvertent sale in the course of his employment on the part of his servant or agent in violation of the statute. Commonwealth v. Gray, 150 Mass. 327. The instructions on this point were sufficiently favorable to the defendant. See Commonwealth v. Emmons, 98 Mass. 6;…
2Cases cited4 opinions
- Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. WorcestrrMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. GrayMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. KelleyMassachusetts Supreme Judicial Court · 1886
3Cited by23 opinions
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
- People v. SnowbergerMichigan Supreme Court · 1897
- Gibson v. StateSupreme Court of Alabama · 1925
- Commonwealth v. OberMassachusetts Supreme Judicial Court · 1934
18 more not listed; retrieve them via the Exa API.