Commonwealth v. Sweeney
Massachusetts Supreme Judicial Court
Indictment, at common law, for collecting together, at a time and place mentioned, large quantities of manure, dead horses and filth “ near to the dwelling-houses of divers persons then and there inhabiting the same houses, and also near to a certain public road and highway there,” and for suffering them “ to lie and remain near to the said dwelling-houses and near to the said public road and highway for a long space of time,” whereby noisome and unwholesome smells arose,…
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Indictment, at common law, for collecting together, at a time and place mentioned, large quantities of manure, dead horses and filth “ near to the dwelling-houses of divers persons then and there inhabiting the same houses, and also near to a certain public road and highway there,” and for suffering them “ to lie and remain near to the said dwelling-houses and near to the said public road and highway for a long space of time,” whereby noisome and unwholesome smells arose, “so that the air was then and there greatly corrupted and infected thereby, to the great damage and common nuisance of the…
1Opinion of the CourtDevens, J.
The defendant moved to quash and afterwards in arrest of judgment because the indictment did not allege the nuisance to be “ to the great damage and common nuisance of all the citizens of the Commonwealth.” It is often said that, in cases of nuisances at common law, the indictment should conclude with the allegation that the offence was committed to the common nuisance of the people of the Commonwealth. Commonwealth v. Boon, 2 Gray, 74. Commonwealth v. Parker, 4 Allen, 313. By this nothing more is meant than that it should be alleged to be to the damage and common nuisance of those people of…
2Cases cited2 opinions
- Commonwealth v. OaksMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. HarrisMassachusetts Supreme Judicial Court · 1869
3Cited by5 opinions
- Commonwealth v. PerryMassachusetts Supreme Judicial Court · 1885
- State v. . EasonSupreme Court of North Carolina · 1894
- Ryder v. Board of HealthMassachusetts Supreme Judicial Court · 1930
- Commonwealth v. NissenbaumMassachusetts Supreme Judicial Court · 1989
- Commonwealth v. NissenbaumMassachusetts Supreme Judicial Court · 1989