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Commonwealth v. Perry

29 N.E. 656, 139 Mass. 198, 1885 Mass. LEXIS 64
CourtMassachusetts Supreme Judicial Court
DecidedMarch 25, 1885
StatusPublished
Cited by19 cases

This text of 29 N.E. 656 (Commonwealth v. Perry) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Perry, 29 N.E. 656, 139 Mass. 198, 1885 Mass. LEXIS 64 (Mass. 1885).

Opinion

Holmes, J.

A piggery in which swine are kept in such numbers that their natural odors fill the air thereabouts, and make the occupation of the neighboring houses and passage over the adjacent highways disagreeable, or worse, is a nuisance. Commonwealth v. Kidder, 107 Mass. 188, 192. Regina v. Wigg, 2 Salk. 460; S. C. 2 Ld. itaym. 1163. See Commonwealth v. Oaks, 113 Mass. 8; Commonwealth v. Upton, 6 Gray, 473. The indictment was sufficient, and the instructions asked were erroneous. See further Commonwealth v. Rumford Chemical Works, 16 Gray, 231; Commonwealth v. Sweeney, 131 Mass. 579; Commonwealth v. Brown, 13 Met. 365. No defect has been pointed out in the instructions given. It would have been well if they had impressed more fully on the jury that the question was one of degree; but that was implied by what was said, and the defendant asked for nothing more specific.

Evidence of the practice throughout the Commonwealth was inadmissible. See Cutter v. Howe, 122 Mass. 541, 549.

Exceptions overruled.

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Bluebook (online)
29 N.E. 656, 139 Mass. 198, 1885 Mass. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-perry-mass-1885.