Stone v. Graves
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, for services rendered to Samuel Graves, the defendant’s intestate. At the trial in the Superior Court, before Hammond, J., without a jury, it appears that the services rendered were the shaving of the beard of the defendant’s intestate for a number of years before his death; that the intestate was over eighty years of age, and had received an injury to his shoulder, which made it difficult for'him to shave himself: and that the shaving was…
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Contract, upon an account annexed, for services rendered to Samuel Graves, the defendant’s intestate. At the trial in the Superior Court, before Hammond, J., without a jury, it appears that the services rendered were the shaving of the beard of the defendant’s intestate for a number of years before his death; that the intestate was over eighty years of age, and had received an injury to his shoulder, which made it difficult for'him to shave himself: and that the shaving was all done at the house of the intestate, by the plaintiff, who was a shoemaker by trade, and mostly on the Lord’s day.…
1Opinion of the CourtField, J.
It appears that Graves, the defendant’s intestate, was an old man, whose shoulder had been injured, and who could not well shave himself; and that the work of shaving him was done by the plaintiff, not in a public shop, but in the house of Graves. If Graves wished to be shaved on the Lord’s day in his own house, we cannot say, as matter of law, that it was not morally fit and proper that the plaintiff should shave him.
Exceptions overruled.
2Cited by6 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Petit v. MinnesotaSupreme Court of the United States · 1900
- Donovan v. McCartyMassachusetts Supreme Judicial Court · 1892
- Shipley v. StateSupreme Court of Arkansas · 1895
- McGowan v. MarylandSupreme Court of the United States · 1961
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