Legal Opinion

Commonwealth v. Ellis

Massachusetts Supreme Judicial Court

Decided April 3, 1893PublishedCited by 35 opinions

Complaint to the Municipal Court of the City of Boston, alleging that the defendant, on May 9, 1892, sold flowers in a public street of Boston without a permit from the superintendent of streets, in violation of the revised ordinance of that city. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows.

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Complaint to the Municipal Court of the City of Boston, alleging that the defendant, on May 9, 1892, sold flowers in a public street of Boston without a permit from the superintendent of streets, in violation of the revised ordinance of that city. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. The complaint was brought under chapter 43, section 35, of the Revised Ordinances of the City of Boston of 1892, which provides that “ No person shall, except in accordance with a permit from the superintendent of streets, in any street or…

1Opinion of the CourtHolmes, J.

We must assume that the defendant was guilty of a breach of the Boston city ordinance against selling in the streets. Rev. Ord. 1892, c. 43, § 35. The only question brought before us by the exceptions is whether the ordinance is valid. It must be construed in a rational way. See Commonwealth v. Plaisted, 148 Mass. 375, 382. Of course it does not mean that two persons walking together on a highway cannot make a bargain in their private conversation, and execute it on the spot. The sales referred to are sales in pursuance of an offer to the public, — sales in the course of a business generally…

2Cases cited9 opinions

  1. Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
  2. Commonwealth v. ParksMassachusetts Supreme Judicial Court · 1892
  3. Inhabitants of Quincy v. KennardMassachusetts Supreme Judicial Court · 1890
  4. Commonwealth v. FentonMassachusetts Supreme Judicial Court · 1885
  5. Commonwealth v. McCaffertyMassachusetts Supreme Judicial Court · 1888

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3Cited by35 opinions

  1. General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
  2. Greene v. City of San AntonioCourt of Appeals of Texas · 1915
  3. Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1895
  4. Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909
  5. Building Commissioner v. C. & H. Co.Massachusetts Supreme Judicial Court · 1946

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