Commonwealth v. Pear
Massachusetts Supreme Judicial Court
Two complaints, received and sworn to on July 17,1902, in the Third District Court of Eastern Middlesex, under R. L. c. 75, § 137, for refusing to comply with an order of the board of health of the city of Cambridge, requiring the vaccination and re vaccination of all the inhabitants of that city.
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Two complaints, received and sworn to on July 17,1902, in the Third District Court of Eastern Middlesex, under R. L. c. 75, § 137, for refusing to comply with an order of the board of health of the city of Cambridge, requiring the vaccination and re vaccination of all the inhabitants of that city. Coming by appeal to the Superior Court, both cases were tried before Wait, J., who refused to order a verdict of not guilty or-to make the rulings requested by the respective defendants. He also in the Jacobson case excluded the evidence offered by the defendant which is described by the court. The…
1Opinion of the CourtKnowlton, C. J.
These are complaints against the respective defendants for refusing to comply with a requirement of the board of health of Cambridge, made on February 27, 1902, under thp R. L. c. 75, § 137, ordering that all the inhabitants of the city, who had not been successfully vaccinated since March 1, 1897, be vaccinated or revaccinated. The order recites that smallpox has been prevalent to some extent in the city of Cambridge, and "still continues to increase; that it is necessary for the speedy extermination of the disease that all persons not protected by vaccination should be vaccinated; and that,…
2Cases cited30 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Mugler v. KansasSupreme Court of the United States · 1887
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Lawton v. SteeleSupreme Court of the United States · 1894
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3Cited by48 opinions
- Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
- Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
- Vigeant v. Postal Telegraph Cable Co.Massachusetts Supreme Judicial Court · 1927
- Delano v. SmithMassachusetts Supreme Judicial Court · 1910
- John P. Squire & Co. v. TellierMassachusetts Supreme Judicial Court · 1904
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