Connolly v. City of Boston

117 Mass. 64, 1875 Mass. LEXIS 150

Opinion

Gray, C. J.

The plaintiff’s own testimony showed that he was travelling on the Lord’s day on a matter of his own secular business, and not from the pressure of any “necessity” upon himself, or “ charity ” towards any other person, upon any possible interpretation of those words. He cannot therefore maintain this action. Gen. Sts. c. 84, § 2. Bosworth v. Swansey, 10 Met. 363. Jones v. Andover, 10 Allen, 18. Stanton v. Metropolitan Railroad, 14 Allen, 485. Commonwealth v. Sampson, 97 Mass. 407. Commonwealth v. Josselyn, Ib. 411. Exceptions overruled.