Commonwealth v. McDonald
Massachusetts Supreme Judicial Court
Complaint, for keeping and maintaining a certain tenement in- Lowell, used for the illegal keeping and sale of intoxicating liquors, between May 1 and September 18, 1893. At the trial in the Superior Court, before Bond, J., the following facts were agreed.
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Complaint, for keeping and maintaining a certain tenement in- Lowell, used for the illegal keeping and sale of intoxicating liquors, between May 1 and September 18, 1893. At the trial in the Superior Court, before Bond, J., the following facts were agreed. The defendants were duly granted by the board of aider-men of the city of Lowell a license of the first class to sell intoxicating liquors for and during the year commencing May 1, 1893, on certain premises situated at the corner of the easterly line of Concord Street and the southerly line of Andover Street in Lowell. The licensed premises…
1Opinion of the CourtHolmes, J.
The mere fact that adjoining portions of a substantially straight thoroughfare have different names is no more conclusive against their being parts of the same street, within St. 1882, c. 220, than the fact that a building is numbered on one street is conclusive against its being on another, within the same act. See Commonwealth v. Whelan, 134 Mass. 206, 210. So as to the date when the several parts were laid out. The question of sameness must be determined with reference to the particular facts, of which the configuration of the way is the most important. Doubtful cases near the line may be…
2Cases cited1 opinion
- Commonwealth v. WhelanMassachusetts Supreme Judicial Court · 1883
3Cited by5 opinions
- Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
- Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
- Dougherty v. Kentucky Alcoholic Beverage Control BoardCourt of Appeals of Kentucky (pre-1976) · 1939
- Frank v. Hub Liquors, Inc.Appellate Division of the Supreme Court of the State of New York · 1935
- Hunt Club, Inc. v. MoberlyCourt of Appeals of Kentucky · 1966