Commonwealth v. Cassidy
Massachusetts Supreme Judicial Court
Complaint, received and sworn to in the Municipal Court of the Roxbury District of the City of Boston on December 6,1909, charging that the defendant on December 2, 1909, did “ operate a certain automobile at a rate of speed that was greater than was reasonable and proper, having regard to traffic, the use of the way and the safety of the public,” on Beacon Street in Boston.
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Complaint, received and sworn to in the Municipal Court of the Roxbury District of the City of Boston on December 6,1909, charging that the defendant on December 2, 1909, did “ operate a certain automobile at a rate of speed that was greater than was reasonable and proper, having regard to traffic, the use of the way and the safety of the public,” on Beacon Street in Boston. Material portions of St. 1909, c. 534, § 1, are as follows: “Terms used in this chapter shall be construed as follows, unless a different meaning is clearly apparent from the language or context, or unless such…
1Opinion of the CourtHammond, J.
The offense described in St. 1909, c. 534, § 16, and charged in the complaint against the defendant, was that of operating an automobile “ at a rate of speed greater than was reasonable and proper, having regard to traffic and the use of the way and the safety of the public ”; and this was the only offense. Of course the burden was upon the Commonwealth to prove his guilt.
The section in question, after creating the offense, goes on to provide that in certain localities therein described “ a speed exceeding twenty miles per hour for the distance of a quarter of a mile” shall be “ prima facie…
2Cited by21 opinions
- Ex Parte DanielsCalifornia Supreme Court · 1920
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Commonwealth v. PentzMassachusetts Supreme Judicial Court · 1924
- Lawrence v. GoodwillCalifornia Court of Appeal · 1919
- State v. CoppesSupreme Court of Iowa · 1956
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