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140 Mass. 441

Commonwealth v. Kelley

Massachusetts Supreme Judicial Court

Decided January 7, 1886

Massachusetts Supreme Judicial Court · decided 1886-01-07

Complaint, on the Pub. Sts. c. 100, § 12, to the Municipal Court of Boston, alleging that the defendant, who was licensed to sell intoxicating liquors on certain premises, used by him for such sale, placed and maintained upon said premises a certain screen, blind, shutter, curtain, and partition, in such a way as to interfere with a view of the business conducted upon the premises. and with a view of the interior of said premises.

Relies on Commonwealth v. Emmons · Commonwealth v. Uhrig

Good law ✅— No negative treatment on recordhow we know

Decided 1886-01-07

How this case has been cited

Cited by 8 later decisions — most recently December 1914

8 state decisions

401886189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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W. Allen, J.

¶1We think that the ruling and instructions were correct. The provision of the statute relates to the use and management of licensed premises, and its express intent is to secure an unobstructed view of their interior at all times by persons outside. It is addressed to the licensee only; no other person can violate it. It forbids him to do, or to permit to be done, the prohibited act, and, by fair intendment, includes acts done in the use of the premises in carrying on the business licensed, whether they are done by the licensee in person, or by his agent left by him in charge and management of the business. Commonwealth v. Emmons, 98 Mass. 6. Commonwealth v. Uhrig, 138 Mass. 492. Rex v. Medley, 6 Car. & P. 292. Rex v. Dixon, 3 M. & S. 11.

¶2Exceptions overruled.

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