Tate v. Donovan
Massachusetts Supreme Judicial Court
Tort, to recover the penalty provided by the Pub. Sts. c. 100, § 25, for selling intoxicating liquors to William Tate, the husband of the plaintiff.
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Tort, to recover the penalty provided by the Pub. Sts. c. 100, § 25, for selling intoxicating liquors to William Tate, the husband of the plaintiff. At the trial in the Superior Court, before Knowlton, J., the evidence tended to show that the plaintiff’s husband had the habit of using intoxicating liquors to excess, and was a frequent visitor at the defendant’s saloon, where he got intoxicating liquors, immediately prior to September 17, 1883 ; and that, on said September 17, the plaintiff, acting under advice from the police commissioners, served a notice in writing, signed by her, upon the…
1Opinion of the CourtDevens, J.
It is the contention of the defendant that the notice given under the Pub. Sts. c. 100, § 25, which is the foundation of the action of tort created by that section, was clearly insufficient, as it did not state that the plaintiff’s husband was in the habit of using spirituous or intoxicating liquors to excess, as a reason for requesting the defendant thereafter not to sell him intoxicating liquors. In terms, the statute does not require this. It empowers “the husband, wife,” or other persons described, to give a notice which makes such a request, whenever the fact exists that the person to…
2Cases cited2 opinions
- George v. GobeyMassachusetts Supreme Judicial Court · 1880
- Kennedy v. SaundersMassachusetts Supreme Judicial Court · 1886
3Cited by2 opinions
- Sackett v. RuderMassachusetts Supreme Judicial Court · 1890
- Taylor v. CarrollMassachusetts Supreme Judicial Court · 1887