Legal Opinion

Commonwealth v. Quinn

Massachusetts Supreme Judicial Court

Decided June 18, 1895PublishedCited by 11 opinions

Complaint, to the Police Court of the City of Chelsea, alleging that the defendants, Augustus S. Quinn, Hugh J. Morrison, and Patrick H. O’Callaghan, did carry on in Chelsea “ a certain public amusement, to wit, a dancing assembly,” not having a license, “ admission to said public amusement being obtained by ticket obtained by the payment of money, and that the said public amusement was not a public entertainment by a religious society, or carried on for a charitable…

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Complaint, to the Police Court of the City of Chelsea, alleging that the defendants, Augustus S. Quinn, Hugh J. Morrison, and Patrick H. O’Callaghan, did carry on in Chelsea “ a certain public amusement, to wit, a dancing assembly,” not having a license, “ admission to said public amusement being obtained by ticket obtained by the payment of money, and that the said public amusement was not a public entertainment by a religious society, or carried on for a charitable purpose.” At the trial in the Superior Court, before Sheldon, J., the jury returned a verdict of guilty; and the defendants…

1Opinion of the CourtHolmes, J.

The only question argued in this case is whether a dance hall to which the public is admitted upon payment of a *12small fee is a “ public amusement,” within the meaning of Pub. Sts. c. 102, §§ 115, 116, a question left open by Commonwealth v. Gee, 6 Cush. 174. The words quoted might be used so as to include dance halls, or they might be limited to entertainments where the entertainers offer the amusement and the public is passive.

The Rev. Sts. c. 58, §§ 1, 2, required a license for “ theatrical exhibitions, public shows, and exhibitions of any description.” Then St. 1849, c. 231, § 1, inserted…

2Cited by11 opinions

  1. Wellesley College v. Attorney GeneralMassachusetts Supreme Judicial Court · 1943
  2. Miller v. Amusement Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1968
  3. Tranfaglia v. Building CommissionerMassachusetts Supreme Judicial Court · 1940
  4. Condon v. Village of Forest ParkIllinois Supreme Court · 1917
  5. Young v. Board of TrusteesMontana Supreme Court · 1931

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