Commonwealth v. Kelly
Cases that cite this one
2 later published cases cite this decision.
- Matter of Application of Foley (Cal. 1916)
- Coffee-Rich, Inc. v. Commissioner of Public Health (Mass. 1965)
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
The defendant sold oleomargarine artificially colored by annatto so as to cause it to look like yellow butter produced from pure unadulterated milk, or cream from the same. It is settled that oleomargarine so colored is within the prohibition of St. 1891, c. 58, § 1, that the act has not been repealed, and that it is constitutional and valid as applied to oleomargarine so colored. Commonwealth v. Huntley, 156 Mass. 236. Plumley v. Massachusetts, 155 U. S. 461. Commonwealth v. Russell, 162 Mass. 520. We may add, that, if evidence could be considered to controvert facts manifestly assumed by the Legislature to be true, it is apparent from the testimony of the defendant’s witnesses that oleomargarine can be made, and is made and sold, without this coloring matter. In view of the above decisions, the case does not seem to us to need a fuller discussion.
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.