Legal Opinion

Roberge v. Burnham

Massachusetts Supreme Judicial Court

Decided March 1, 1878PublishedCited by 39 opinions

Tort to recover a forfeiture of $100, under the St. of 1875, e. 99, § 15, for selling intoxicating liquor to John Roberge, a minor son of the plaintiff. At the trial in the Superior Court, before Pitman, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, the material parts of which appear in the opinion.

1Opinion of the CourtMorton, J.

The statute under which this action is brought provides that “ whoever, by himself or his agent or servant, shall sell or give intoxicating liquor to any minor, or allows a minor to loiter upon the premises where such sales are made, shall forfeit one hundred dollars for each offence, to be recovered by the parent or guardian of such minor in an action of tort.” St. 1875, e. 99, § 15. It was the plain purpose of the Legislature to make a person, who, like the defendant, keeps a place for the sale of intoxicating liquor, responsible to the parent or guardian, if he, or an agent or servant in…

2Cases cited3 opinions

  1. Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
  2. Young v. MakepeaceMassachusetts Supreme Judicial Court · 1869
  3. Anderson v. EdwardsMassachusetts Supreme Judicial Court · 1877

3Cited by39 opinions

  1. Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
  2. United States v. Hernando Robinson, United States of America v. Jorge Robinson, United States of America v. Roberto RobinsonCourt of Appeals for the First Circuit · 1988
  3. Root v. MacDonaldMassachusetts Supreme Judicial Court · 1927
  4. State ex rel. Rowe v. District CourtMontana Supreme Court · 1911
  5. Schaffer v. LeimbergMassachusetts Supreme Judicial Court · 1945

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