Commonwealth v. Sherman
Massachusetts Supreme Judicial Court
Complaint, received and sworn to in the Central District Court of Worcester, on July 17, 1905, charging the defendant with driving an automobile at Leicester on July 12, 1905, at a rate of speed exceeding twelve miles an hour.
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Complaint, received and sworn to in the Central District Court of Worcester, on July 17, 1905, charging the defendant with driving an automobile at Leicester on July 12, 1905, at a rate of speed exceeding twelve miles an hour. In the district court the defendant was found guilty and ordered to pay a fine of $15. On appeal to the Superior Court the case was tried before Oroshy, J. upon the following agreed statement of facts: ft It is agreed that the automobile in question was registered at the time with the Massachusetts highway commission by the defendant and in his name; that the defendant…
1Opinion of the CourtLosing, J.
In the opinion of a majority of the court these exceptions must be overruled. The fact that the automobile was registered with the Massachusetts highway commission by the defendant, and in his own name, warranted a finding that he was the general owner of it or that he had a special property therein which gave him control thereof. Section 1 of St. 1903, c. 473, amended by St. 1905, c. 311, § 2, requires that automobiles shall be registered by the owner or person in control thereof.
If the defendant is guilty here he is guilty not as owner but because the evidence warranted the jury in finding…
2Cases cited3 opinions
- Commonwealth v. FrostMassachusetts Supreme Judicial Court · 1809
- Commonwealth v. WallaceMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. MacomberMassachusetts Supreme Judicial Court · 1807
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- Story v. United StatesCourt of Appeals for the D.C. Circuit · 1926
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