Commonwealth v. Perry
Cases that cite this one
17 later published cases cite this decision.
- Tickle v. City of Roanoke (Roanoke County Circuit Court 2010)
- Building Inspector of Mansfield v. Curvin (Mass. App. Ct. 1986)
- Cantrell v. Board of Supervisors (Cal. Ct. App. 1948)
- Robinson v. Westman (Minn. 1947)
- Combs v. Crawford (Court of Appeals of Kentucky (pre-1976) 1935)
- Myers v. State (Ind. 1907)
- Rattigan v. Wile (Mass. 2006)
- Pendoley v. Ferreira (Mass. 1963)
- Town of Mount Pleasant v. Van Tassell (New York Supreme Court 1957)
- State Ex Rel. Tollefson v. Mitchell (Wash. 1946)
- Town of Lincoln v. Murphy (Mass. 1943)
- Callahan v. Wasmire (Stark County Court of Common Pleas 1943)
- People v. Rubenfeld (N.Y. 1930)
- Ryder v. Board of Health (Mass. 1930)
- Brunelle v. Lowell Electric Light Corp. (Mass. 1907)
- Wade v. Miller (Mass. 1905)
- Commonwealth v. Packard (Mass. 1904)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.