Commonwealth v. Warren

Massachusetts Supreme Judicial Court

Commonwealth v. Warren

36 N.E. 308, 160 Mass. 533, 1894 Mass. LEXIS 318

CourtMassachusetts Supreme Judicial Court

DecidedFebruary 27, 1894

StatusPublished

Cited by23 cases

This text of 36 N.E. 308 (Commonwealth v. Warren) 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. Warren, 36 N.E. 308, 160 Mass. 533, 1894 Mass. LEXIS 318 (Mass. 1894).

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Opinion

Morton, J.

The statute makes a party liable for a sale by himself, or by his agent or servant, of milk not of the standard quality. St. 1886, c. 318, § 2. Mo criminal intent on the part of the master or principal is necessary in order to render him liable for a sale in violation of the statute, and he may consequently be held liable for an inadvertent sale in the course of his employment on the part of his servant or agent in violation of the statute. Commonwealth v. Gray, 150 Mass. 327. The instructions on this point were sufficiently favorable to the defendant. See Commonwealth v. Emmons, 98 Mass. 6; Commonwealth v. Kelley, 140 Mass. 441. The milk bought by the witness Kelly was purchased by and delivered to him as a part of his breakfast, and was just as much a sale as if a specific price had been put upon it, or it had been bought and paid for by itself. Commonwealth v. Worcester, 126 Mass. 256.

Exceptions overruled.

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Morton, J.

The statute makes a party liable for a sale by himself, or by his agent or servant, of milk not of the standard quality. St. 1886, c. 318, § 2. Mo criminal intent on the part of the master or principal is necessary in order to render him liable for a sale in violation of the statute, and he may consequently be held liable for an inadvertent sale in the course of his employment on the part of his servant or agent in violation of the statute. Commonwealth v. Gray, 150 Mass. 327. The instructions on this point were sufficiently favorable to the defendant. See Commonwealth v. Emmons, 98 Mass. 6; Commonwealth v. Kelley, 140 Mass. 441. The milk bought by the witness Kelly was purchased by and delivered to him as a part of his breakfast, and was just as much a sale as if a specific price had been put upon it, or it had been bought and paid for by itself. Commonwealth v. Worcester, 126 Mass. 256.

Exceptions overruled.

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Bluebook (online)

36 N.E. 308, 160 Mass. 533, 1894 Mass. LEXIS 318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-warren-mass-1894.

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