Davis v. City of Somerville
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff while travelling upon a highway in the defendant city, which was alleged to be out of repair.
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Tort for personal injuries occasioned to the plaintiff while travelling upon a highway in the defendant city, which was alleged to be out of repair. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions in substance as follows : It appeared in evidence that the plaintiff, in company with a lady friend, both living in Boston, drove from Boston to Cambridge in the afternoon of Sunday, October 28, 1877, to attend a funeral; that, upon leaving Mount Auburn cemetery, the lady asked him to take her back by way of Charlestown, so that she could call there upon her…
1Opinion of the CourtAmes, J.
The statute making it unlawful and criminal to travel on the Lord’s day, except from necessity or charity, has retained its place in our statute-book from the earliest times in the history of the state. Our Puritan ancestors intended that the day should be not merely a day of rest from labor, but also a day devoted to public and private worship and to religious meditation and repose, undisturbed by secular cares or amusements. They saw fit to enforce the observance of the day by penal legislation, and the statute regulations which they devised for that purpose have continued in force, without…
2Cases cited1 opinion
- Smith v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1876
3Cited by17 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Gallagher v. Crown Kosher Super Market of Massachusetts, Inc.Supreme Court of the United States · 1961
- Conroy v. MatherMassachusetts Supreme Judicial Court · 1914
- Bucher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1881
- Hall v. SmithMassachusetts Supreme Judicial Court · 1933
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