Commonwealth v. Bow
Cases that cite this one
4 later published cases cite this decision.
- Tyson & Brother v. Banton (Supreme Court of the United States 1927)
- Carpenter v. Zoning Board of Appeals of Framingham (Mass. 1967)
- Tranfaglia v. Building Commissioner (Mass. 1940)
- Jaffarian v. Building Commissioner of Somerville (Mass. 1931)
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 Merry-go-round was a public amusement within Pub. Sts. c. 102, §§ 115,116. The virtuous character of the enjoyment of those who were amused by it is not enough to make an exception to the general words of the statute. The defendants were active in the entertainment, which was decided not to be necessary in Commonwealth v. Quinn, 164 Mass. 11. The object was amusement only, not instruction, and so the defendants get no help from Commonwealth v. Gee, 6 Cush. 174. It is true that the number of persons who could ride the defendants’ wooden horses at any one time was limited, but that is true of all amusements. The public was invited, and several, if not many, could be accommodated at once. There is nothing to show that the number was so small as to raise the question whether an amusement which could be enjoyed by people only one at a time is public if the public comes to and pays for it in such manner as the nature of the diversion permits.
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.