St. Goddard v. Burnham
Massachusetts Supreme Judicial Court
Tort to recover a forfeiture of $100 under the St. of 1875, At the trial in the Superior Court, before Pitman, J., it appeared that one Louis Bergen went into the defendant’s ■ barroom and there treated the minor with whiskey; that the minor did not buy or pay for the liquor; but that Bergen ordered and paid for all of it, the minor, however, stating what kind of liquor he wanted, and receiving the same directly from the hands of the bar-tender.
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Tort to recover a forfeiture of $100 under the St. of 1875, At the trial in the Superior Court, before Pitman, J., it appeared that one Louis Bergen went into the defendant’s ■ barroom and there treated the minor with whiskey; that the minor did not buy or pay for the liquor; but that Bergen ordered and paid for all of it, the minor, however, stating what kind of liquor he wanted, and receiving the same directly from the hands of the bar-tender. The plaintiff contended that this transaction was within the provisions of the statute; but the judge ruled otherwise, directed the jury to return a…
1Opinion of the CourtColt, J.
It is provided in the St. of 1875, c. 99, § 15, that whoever, by himself or his agent, or servant, shall sell or give intoxicating liquor to any minor, shall forfeit a sum named for each offence. But the evidence in this case would not warrant the jury in finding that the liquor was either sold or given to the minor. The fact that the' liquor was called for and paid for by Bergen, and that the minor did not buy or pay for it, is not in dispute; the case expressly so finds. The plaintiff did not ask to go to the jury on that question; and the character of the transaction is not changed by the…
2Cases cited1 opinion
- Commonwealth v. LattinvilleMassachusetts Supreme Judicial Court · 1876
3Cited by6 opinions
- O'Connell v. O'LearyMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. O'LearyMassachusetts Supreme Judicial Court · 1886
- Ward v. StateSupreme Court of Arkansas · 1885
- Wallace v. StateSupreme Court of Arkansas · 1891
- Randolph Marketing Co. v. StevensonCalifornia Court of Appeal · 1923
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