203 Mass. 602 | Mass. | 1909
The first count in the complaint against the defendant was nol grossed. The second count, on which he was convicted, charged that he “ did knowingly sell for food a carcass of a certain cow condemned as diseased by an authorized agent of said board of health, said carcass being unfit for food by reason of disease, against the peace of the Commonwealth,” etc.
We have an elaborate system of statutes intended to prevent the sale, for food, of meat which is diseased and dangerous to the public health. Some of them are found in R. L. c. 75, §§ 100 to 106, as amended, and in c. 56, §§ 70, 71, in St. 1903, c. 220, and in St. 1908, c. 329. There is nothing in either of these statutes which in terms makes it an offense to sell for food the carcass of a cow condemned as diseased by an authorized
As to most matters pertaining to the inspection of food, including the carcasses of slaughtered animals, the inspectors of the State board of health and those of the city and town boards of health seem to be of equal authority. That any of them can interfere to change the effect of completed official action by another officer of equal authority wé do not intimate. We can conceive of conflicts of authority, between different officers attempting to act independently, that might give rise to difficult questions. In the present case it appears that Stanley was the duly appointed and qualified inspector of the board of health of Wenham, under the E. L. c. 75, § 102. By virtue of his appointment he had a special duty to perform, namely, to be present at the defendant’s slaughter house upon the days designated for slaughtering, and there carefully to examine the carcasses of all animals at the time of slaughter. It is to be
Stanley was in the performance of a special official duty, under the R. L. c. 75, § 102, different from that of the inspector of the State board. Dr. Voss had no right to displace him in the performance of that duty. Dr. Voss did not seize the carcass and cause it to be destroyed forthwith, or disposed of otherwise than for food. He seems rather to have acted in an advisory capacity. All that was done with the carcass was done by Stanley.' He put the tags upon it at Voss’s request. Voss went away and left him still there in the performance of his official duty. He did not choose to treat the attaching of the tags as a final determination, but continued his inspection with the aid of another physician. The final result of his
If it be said that the matters discussed in the last paragraph cannot be ruled as matter of law upon the facts agreed, but were matters of fact to be passed upon by the jury, this does not relieve the Commonwealth of difficulty. The case was taken from the jury, who were directed to return a verdict of guilty.
We are of opinion that the ruling of the Superior Court was erroneous.
Exceptions sustained.