Commonwealth v. Perry
Massachusetts Supreme Judicial Court
Indictment charging that the defendant, on June 1, 1884, and on divers other days and times between that day and December 2, 1884, at Needham, “ near the dwelling-houses of divers good citizens of the said Commonwealth, and also near divers public streets and common highways there situate, then and there did keep and maintain, and yet doth keep and maintain a large number of swine, to wit, five hundred; by reason whereof divers large quantities of noisome, noxious, and…
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Indictment charging that the defendant, on June 1, 1884, and on divers other days and times between that day and December 2, 1884, at Needham, “ near the dwelling-houses of divers good citizens of the said Commonwealth, and also near divers public streets and common highways there situate, then and there did keep and maintain, and yet doth keep and maintain a large number of swine, to wit, five hundred; by reason whereof divers large quantities of noisome, noxious, and unwholesome smokes, smells, and stenches, on the days and times aforesaid, then and there were emitted, sent forth, and…
1Opinion of the CourtHolmes, J.
A piggery in which swine are kept in such numbers that their natural odors fill the air thereabouts, and make the occupation of the neighboring houses and passage over the adjacent highways disagreeable, or worse, is a nuisance. Commonwealth v. Kidder, 107 Mass. 188, 192. Regina v. Wigg, 2 Salk. 460; S. C. 2 Ld. itaym. 1163. See Commonwealth v. Oaks, 113 Mass. 8; Commonwealth v. Upton, 6 Gray, 473. The indictment was sufficient, and the instructions asked were erroneous. See further Commonwealth v. Rumford Chemical Works, 16 Gray, 231; Commonwealth v. Sweeney, 131 Mass. 579; Commonwealth v.…
2Cases cited4 opinions
- Cutter v. HoweMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. KidderMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. OaksMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. SweeneyMassachusetts Supreme Judicial Court · 1881
3Cited by19 opinions
- Frober v. PeopleIllinois Supreme Court · 1892
- People v. RubenfeldNew York Court of Appeals · 1930
- Cantrell v. Board of SupervisorsCalifornia Court of Appeal · 1948
- Town of Lincoln v. MurphyMassachusetts Supreme Judicial Court · 1943
- Pendoley v. FerreiraMassachusetts Supreme Judicial Court · 1963
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