Commonwealth v. Rogers
Massachusetts Supreme Judicial Court
Complaint to the District Court of Southern Berkshire, for keeping and maintaining a common nuisance, to .wit, a certain tenement in Great Barrington used for the illegal sale and illegal keeping of intoxicating liquors on May 1, 1883, and on divers other days and times between that day and June 6, 1883. Trial in the Superior Court, before Gardner, J., who allowed a bill of exceptions, in substance as follows: The defendant was duly licensed to carry on the business of a…
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Complaint to the District Court of Southern Berkshire, for keeping and maintaining a common nuisance, to .wit, a certain tenement in Great Barrington used for the illegal sale and illegal keeping of intoxicating liquors on May 1, 1883, and on divers other days and times between that day and June 6, 1883. Trial in the Superior Court, before Gardner, J., who allowed a bill of exceptions, in substance as follows: The defendant was duly licensed to carry on the business of a common victualler in and upon the premises complained of, and was also, during the times covered by the complaint, duly…
1Opinion of the CourtColburn, J.
It was doubtless the purpose of the Legislature, in requiring that a license to sell liquors, to be drunk on the premises, shall be subject to the “ condition that the licensee shall not keep a public bar, and shall hold a license as an inn-holder or common victualler,” to discourage to some extent the sale of liquor to be drunk on the premises, except in connection with meals or lunches. Pub. Sts. c. 100, § 9, cl. 5. This consideration is entitled to some weight in determining the meaning of the term “ public bar ” as used in the statute.
It would certainly be difficult, and probably…
2Cited by8 opinions
- Wellesley College v. Attorney GeneralMassachusetts Supreme Judicial Court · 1943
- Commonwealth v. BarnesMassachusetts Supreme Judicial Court · 1885
- Eskridge v. Div. of Alcoholic Beverage ControlNew Jersey Superior Court Appellate Division · 1954
- Commonwealth v. EversonMassachusetts Supreme Judicial Court · 1885
- Drucker v. FrisinaNew York Supreme Court · 1961
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