Smith v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff through the negligence of the defendant’s servants. At the trial in the Superior Court, before Putnam, J., the plaintiff testified that he was a machinist in the employ of the defendant corporation during week days, his business being the repair of their locomotives; that he had been at work all the week previous to the accident, and on Sunday, August 23, 1873, in the afternoon, having attended church in the morning, he…
Read the full summary
Tort for personal injuries sustained by the plaintiff through the negligence of the defendant’s servants. At the trial in the Superior Court, before Putnam, J., the plaintiff testified that he was a machinist in the employ of the defendant corporation during week days, his business being the repair of their locomotives; that he had been at work all the week previous to the accident, and on Sunday, August 23, 1873, in the afternoon, having attended church in the morning, he walked from his residence in Leverett Street, Boston, to Charles-town, to see if a person of whom he had hired a house…
1Opinion of the CourtColt, J.
The plaintiff walked from his home in Boston to Charlestown on the Lord’s day, for the purpose of ascertaining, from the person of whom he had hired a house, whether it had been cleaned, so that he could move into it with his family the *492next day; on Ms return, he received the injury complained of, through the alleged carelessness of the agents and servants of the defendant corporation. The question is whether, at the time of the injury, he was unlawfully travelling within the meaning of the statute which subjects to punishment by fine “ whoever travels on the Lord’s day, except from necessity…
2Cases cited3 opinions
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
- McGrath v. MerwinMassachusetts Supreme Judicial Court · 1873
- Connolly v. City of BostonMassachusetts Supreme Judicial Court · 1875
3Cited by23 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Doherty v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1908
- Broschart v. TuttleSupreme Court of Connecticut · 1890
18 more not listed; retrieve them via the Exa API.