Legal Opinion

Commonwealth v. Vieth

Massachusetts Supreme Judicial Court

Decided January 11, 1892PublishedCited by 6 opinions

Complaint, charging the defendant with selling, on May 19, 1891, “to Louis F. Baldwin a certain quantity, to wit, one gill, of milk not of good standard quality, that is to say, milk containing less than twelve per centum of milk solids.”

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Complaint, charging the defendant with selling, on May 19, 1891, “to Louis F. Baldwin a certain quantity, to wit, one gill, of milk not of good standard quality, that is to say, milk containing less than twelve per centum of milk solids.” At the trial in the Superior Court, before Dunbar, J., there was evidence tending to show that the defendant kept a hotel at No. 245 Tremont Street, Boston, and that the milk complained of was sold and delivered to Baldwin upon his calling for a glass of milk to be drunk upon the premises from a waiter in the café attached to the hotel; that the milk, upon…

1Opinion of the CourtAllen, J.

By St. 1886, c. 318, § 2, whoever by himself, or by his servant or agent, sells milk not of good standard quality shall be punished by a fine; and milk containing less than *444thirteen per cent of milk solids is to be deemed to be not of good standard quality, except during the months of May and June, when milk containing less than twelve per cent of milk solids is to be deemed to be not of good standard quality. It is contended that this provision does not apply to the keeper of a hotel, who supplies' milk to his guests to be drunk by them upon his premises. The evidence tended to show a sale…

2Cases cited1 opinion

  1. Commonwealth v. EvansMassachusetts Supreme Judicial Court · 1882

3Cited by6 opinions

  1. Commonwealth v. WheelerMassachusetts Supreme Judicial Court · 1910
  2. Commonwealth v. SacksMassachusetts Supreme Judicial Court · 1913
  3. State v. Grays Harbor Commercial Co.Washington Supreme Court · 1923
  4. Whitcomb v. Boston Dairy Co.Massachusetts Supreme Judicial Court · 1914
  5. Commonwealth v. ProctorMassachusetts Supreme Judicial Court · 1895

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