Legal Opinion

Malhoit v. Burns

Massachusetts Supreme Judicial Court

Decided May 18, 1920PublishedCited by 3 opinions

Tort, with a declaration in eight counts, to recover penalties provided by R. L. c. 100, § 62. The first four counts alleged respectively sales of intoxicating liquor by the defendant or his agent or servant to the plaintiff’s minor son on June 22, 24, 26, and July 1. The last four counts alleged respectively that on those dates the defendant or his agent or servant permitted the plaintiff’$ minor son to loiter upon the defendant’s premises where sales of intoxicating liquor…

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Tort, with a declaration in eight counts, to recover penalties provided by R. L. c. 100, § 62. The first four counts alleged respectively sales of intoxicating liquor by the defendant or his agent or servant to the plaintiff’s minor son on June 22, 24, 26, and July 1. The last four counts alleged respectively that on those dates the defendant or his agent or servant permitted the plaintiff’$ minor son to loiter upon the defendant’s premises where sales of intoxicating liquor weie being made. Writ in the Second District Court of Southern Worcester dated December 9, 1916. On appeal to the…

1Opinion of the CourtCrosby, J.

The plaintiff brings this action to recover the penalties prescribed in R. L. c. 100, § 62, for selling intoxicating liquors to her minor son, and for allowing him to loiter upon the premises where such sales were made. The declaration as amended contains eight counts, — the first four alleging a sale or gift of intoxicating liquor to the minor, and the last four that he was permitted and allowed to loiter upon the premises where- such sales were made. The jury found for the plaintiff on all the counts except the fourth and eighth. The defendant excepted to the refusal of the court to order a…

2Cases cited3 opinions

  1. Sackett v. RuderMassachusetts Supreme Judicial Court · 1890
  2. Kennedy v. SaundersMassachusetts Supreme Judicial Court · 1886
  3. McNeil v. CollinsonMassachusetts Supreme Judicial Court · 1881

3Cited by3 opinions

  1. Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1950
  2. Molinari v. StateCourt of Appeals of Maryland · 1958
  3. Hopper v. StateTennessee Supreme Court · 1952

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