Massachusetts Supreme Judicial Court, 1875

Connolly v. City of Boston

Connolly v. City of Boston
Massachusetts Supreme Judicial Court · Decided January 15, 1875 · Gray
117 Mass. 64; 1875 Mass. LEXIS 150

Connolly v. City of Boston

Opinion of the Court

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 *65business, 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.

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