Commonwealth v. Buckley

18 N.E. 571, 147 Mass. 581, 1888 Mass. LEXIS 167

• Court: Massachusetts Supreme Judicial Court
• Decided: November 26, 1888
• Status: Published

Opinion

Knowlton, J.

The only tenement for the keeping of which the jury were permitted in this case to hold the defendant liable, was the hotel called the American House. What rooms were included in that tenement was plainly a question of fact for the jury. There was evidence sufficient to warrant a finding that the room below was a part of it. The fact that this room was not used or occupied during a part of the time named in the complaint was only a circumstance bearing upon the question whether it belonged to the tenement.

The instructions were appropriate to any view of the evidence that the jury might take, and were sufficient.

Exceptions overruled.