Commonwealth v. Barnes
Massachusetts Supreme Judicial Court
Complaint to the Second District Court of Eastern Middle-sex for keeping and maintaining a common nuisance, to wit, a certain tenement in Watertown, used for the illegal sale and illegal keeping of intoxicating liquors, on June 4, 1884, and on divers other days and times between that day and July 19,1884. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows : The selectmen of Watertown, on June 6, 1884, duly granted to the…
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Complaint to the Second District Court of Eastern Middle-sex for keeping and maintaining a common nuisance, to wit, a certain tenement in Watertown, used for the illegal sale and illegal keeping of intoxicating liquors, on June 4, 1884, and on divers other days and times between that day and July 19,1884. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows : The selectmen of Watertown, on June 6, 1884, duly granted to the defendant a license of the first class, under the Pub. Sts. ■e. 100, “ to sell or expose or keep for sale until May…
1Opinion of the CourtHolmes, J.
We are of opinion, that, when a man is expressly licensed to sell intoxicating liquors “ in the front room and rear room ” of a certain floor of a building, and is not required by the licensing board to remove the partition between the two rooms, that partition is not within the provisions of the Pub. Sts. c. 100, § 12, and the St. of 1882, c. 259, § 1, although it may obstruct the view of the interior of one or the other of such rooms from the public street.
By the Pub. Sts. e. 100, § 6, the notice of application is to designate “ the building or part of a building to be used.” By *450§ 9, fifth,…
2Cited by1 opinion
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