Commonwealth v. Ellis
Massachusetts Supreme Judicial Court
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
- Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. ParksMassachusetts Supreme Judicial Court · 1892
- Inhabitants of Quincy v. KennardMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. FentonMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. McCaffertyMassachusetts Supreme Judicial Court · 1888
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3Cited by35 opinions
- General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
- Greene v. City of San AntonioCourt of Appeals of Texas · 1915
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909
- Building Commissioner v. C. & H. Co.Massachusetts Supreme Judicial Court · 1946
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