Shedd v. Troy & Boston Railroad
Supreme Court of Vermont
“ This was an action of assumpsit for the breach of a contract to “ carry the plaintiff as a passenger. The case came into the county “ court on an appeal from the judgment of the recorder of the city of “ Burlington, rendered on the 13th day of August, A. D. 18C6. The “ declaration contained counts declaring upon a contract to carry the “ plaintiff from Rutlaud, in this state, to Troy, in the state of New “ York ; also upon a contract to carry the plaintiff from Boston, “in…
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“ This was an action of assumpsit for the breach of a contract to “ carry the plaintiff as a passenger. The case came into the county “ court on an appeal from the judgment of the recorder of the city of “ Burlington, rendered on the 13th day of August, A. D. 18C6. The “ declaration contained counts declaring upon a contract to carry the “ plaintiff from Rutlaud, in this state, to Troy, in the state of New “ York ; also upon a contract to carry the plaintiff from Boston, “in the state of Massachusetts, to said Troy. The parties agreed “ upon the following statement of facts : The plaintiff,…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
A month after the purchase of the ticket by the plaintiff and his ride on the credit of it from Boston to Rutland, on his journey to Burlington, he claimed the right to go from Walling-ford to Troy on the same ticket and unused coupons. This was denied to him ; and hence this suit. Had he the right claimed ?
His contract was consummated by the purchase of the ticket. That was the only transaction between the parties from which the plaintiff’s right accrued. He knew that he got a through ticket for a less sum than he should have to pay for a…
2Cited by3 opinions
- Grogan v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1894
- Elmore v. . SandsNew York Court of Appeals · 1874
- Keeley v. Boston & Maine RailroadSupreme Judicial Court of Maine · 1878