Commonwealth v. Curry
Massachusetts Supreme Judicial Court
Complaint on the Pub. Sts. c. 207, § 52,* alleging that the defendant at Weymouth, on September 8, 1887, unnecessarily failed to provide a horse, hired by him and in his custody, with proper food, drink, and protection from the weather for the space of twenty-four hours thereafter. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions in substance as follows.
Read the full summary
Complaint on the Pub. Sts. c. 207, § 52,* alleging that the defendant at Weymouth, on September 8, 1887, unnecessarily failed to provide a horse, hired by him and in his custody, with proper food, drink, and protection from the weather for the space of twenty-four hours thereafter. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions in substance as follows. There was evidence tending to show that the defendant, at the time and place alleged, in the forenoon hired a horse and carriage of one Spilstead to go to South Weymouth, a distance of three or four miles;…
1Opinion of the CourtField, J.
The first exception is to the refusal to rule that the evidence would not warrant the jury in convicting the defendant. Unnecessarily leaving a horse harnessed to a carriage in the woods, where it remains all night uncared for, when it appears that the horse was actually without food and drink for more than twenty-four hours except the food which it obtained in the *512woods, is evidence of a failure to provide the horse with proper food and drink. Such treatment has some tendency to injure a horse, if not to cause it some suffering.
The rulings requested “ at the conclusion of the judge’s charge…
2Cited by12 opinions
- Commonwealth v. HigginsMassachusetts Supreme Judicial Court · 1931
- State v. HafleOhio Court of Appeals · 1977
- Moore v. StateIndiana Supreme Court · 1914
- Commonwealth v. EricksonMassachusetts Appeals Court · 2009
- State v. ClarkSupreme Judicial Court of Maine · 1893
7 more not listed; retrieve them via the Exa API.