Johnson v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Wilkinson, J., who, after verdict for the defendant, reported the case for the determination of this court in substance as follows : The plaintiff offered evidence tending to show that on December 4, 1875, she purchased a ticket at the defendant’s office in Boston, entitling her to be carried over the defendant’s road from Boston to Lawrence,…
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Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Wilkinson, J., who, after verdict for the defendant, reported the case for the determination of this court in substance as follows : The plaintiff offered evidence tending to show that on December 4, 1875, she purchased a ticket at the defendant’s office in Boston, entitling her to be carried over the defendant’s road from Boston to Lawrence, and thence, over the Manchester and Lawrence Railroad, to Manchester, Hew Hampshire; that the ticket had coupons…
1Opinion of the CourtSoule, J.
The evidence in this case shows that when the plaintiff was injured she was a mere intruder on the premises of the defendant. Though she had bought a ticket which entitled her to be carried by the defendant from Boston to Lawrence, and had been carried from Boston to Somerville, by virtue of that ticket, her own testimony showed that she was not on the premises as a passenger, who, having alighted from the train, was on her way from the station ; nor as a passenger about to take an outgoing train; but that she was there merely for her own convenience, using the premises as a passageway from…
2Cases cited1 opinion
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
3Cited by30 opinions
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Ryan v. TowarMichigan Supreme Court · 1901
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Terre Haute & Indianapolis Railroad v. GrahamIndiana Supreme Court · 1883
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