Commonwealth v. Chase
Massachusetts Supreme Judicial Court
Indictment in two counts, on the St. of 1874, c. 372, § 115. The first count was as follows: “ The jurors for the Commonwealth of Massachusetts, on them oath present, that John Chase, of said Boston, on the twenty-fifth day of October in the year of our Lord one thousand eight hundred and seventy-eight, at said Boston, was the commander of a certain vessel, to wit, a tug-boat, then and there being in the waters of the Charles River, in said Boston; that Stephen H. Welch was…
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Indictment in two counts, on the St. of 1874, c. 372, § 115. The first count was as follows: “ The jurors for the Commonwealth of Massachusetts, on them oath present, that John Chase, of said Boston, on the twenty-fifth day of October in the year of our Lord one thousand eight hundred and seventy-eight, at said Boston, was the commander of a certain vessel, to wit, a tug-boat, then and there being in the waters of the Charles River, in said Boston; that Stephen H. Welch was then and there the superintendent, duly and legally appointed and qualified, of a certain drawbridge, to wit, the…
1Opinion of the CourtSoule, J.
The motion to quash was properly overruled. 1. The allegation in the indictment that Welch was the superintendent of the drawbridge, “ duly and legally appointed,” is a sufficient statement of the fact. It was not necessary to state by whom he was appointed.
2. The allegation that the bridge was the drawbridge of the Boston and Lowell Railroad Corporation, a corporation duly and legally established by law, and was situate in the railroad of said corporation and over the waters of Charles River, and was “ duly erected and legally maintained as such drawbridge by said corporation,” is a…
2Cases cited2 opinions
- Commonwealth v. BakemanMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. CainMassachusetts Supreme Judicial Court · 1869
3Cited by6 opinions
- Furber v. DaneMassachusetts Supreme Judicial Court · 1909
- Steffe v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. JacobsMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. LeachMassachusetts Supreme Judicial Court · 1894
- Zechiel v. Firemen's Fund Ins.Court of Appeals for the Seventh Circuit · 1932
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