Legal Opinion

Commonwealth v. Curry

Massachusetts Supreme Judicial Court

Decided January 2, 1890PublishedCited by 12 opinions

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.

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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

  1. Commonwealth v. HigginsMassachusetts Supreme Judicial Court · 1931
  2. State v. HafleOhio Court of Appeals · 1977
  3. Moore v. StateIndiana Supreme Court · 1914
  4. Commonwealth v. EricksonMassachusetts Appeals Court · 2009
  5. State v. ClarkSupreme Judicial Court of Maine · 1893

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