Commonwealth v. Elm Farm Milk Co.
Massachusetts Supreme Judicial Court
Complaint entered on February 2, 1914, in the Superior Court, on appeal from a sentence imposed by the Municipal Court of the Roxbury District of the City of Boston, charging that the defendant on December 13, 1913, at Boston did have in its possession milk to which water had been added with intent unlawfully to sell the said milk within this Commonwealth in violation of R. L. c. 56, § 55. • The defendant was tried before Aiken, C. J., upon an agreed statement of facts, the…
Read the full summary
Complaint entered on February 2, 1914, in the Superior Court, on appeal from a sentence imposed by the Municipal Court of the Roxbury District of the City of Boston, charging that the defendant on December 13, 1913, at Boston did have in its possession milk to which water had been added with intent unlawfully to sell the said milk within this Commonwealth in violation of R. L. c. 56, § 55. • The defendant was tried before Aiken, C. J., upon an agreed statement of facts, the essential part of which is stated in the opinion. The defendant asked the Chief Justice to order a verdict of not…
1Opinion of the CourtCarroll, J.
The defendant is charged with violating R. L. c. 56, § 55, which prohibits the keeping, with intent to sell, of milk to which water has been added. A quantity of cream was found in the possession of the defendant which it intended to sell, to which water had been added. This cream was known as heavy cream and contained a greater percentage of milk fat than is required by St. 1907, c. 216, which provides that all cream offered for sale must contain fifteen per cent of milk fat.
The agreed statement of facts shows that heavy cream contains from thirty to forty per cent of milk fat; that cream is…
2Cases cited2 opinions
- Commonwealth v. GordonMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. Boston White Cross Milk Co.Massachusetts Supreme Judicial Court · 1911
3Cited by6 opinions
- McKeon v. State, Use of ConradCourt of Appeals of Maryland · 1956
- Larkin v. SmithCourt of Appeals of Maryland · 1944
- Assessors of Boston v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1949
- Bloomington-Bedford Stone Co. v. PhillipsIndiana Court of Appeals · 1917
- London Guarantee & Accident Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1927
1 more not listed; retrieve them via the Exa API.