Whicher v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Contract, with a count in tort, against the Boston and Albany Railroad Company and the Wagner Palace Car Company, for the loss of a travelling bag. Trial in the Superior Court, before Sheldon, J., who, at the close of the evidence, directed the jury to return a verdict for the Boston and Albany Railroad Company, and submitted the case to the jury as to the Wagner Palace Car Company. The jury returned a verdict for the plaintiff against the last named defendant.
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Contract, with a count in tort, against the Boston and Albany Railroad Company and the Wagner Palace Car Company, for the loss of a travelling bag. Trial in the Superior Court, before Sheldon, J., who, at the close of the evidence, directed the jury to return a verdict for the Boston and Albany Railroad Company, and submitted the case to the jury as to the Wagner Palace Car Company. The jury returned a verdict for the plaintiff against the last named defendant. The plaintiff alleged exceptions to the order directing a verdict in favor of the Boston and Albany Railroad Company; and the Wagner…
1Opinion of the CourtLathrop, J.
There is no material dispute about the facts in this case. The plaintiff was a passenger on a sleeping car of the Wagner Palace Car Company, which was hauled with other cars from Albany to Boston by the Boston and Albany Railroad Company, leaving Albany at three o’clock in the afternoon, and arriving in Boston at nine in the evening. The Wagner Palace Car Company had no control of the car in so far as its movement over the roadbed was concerned, but retained the internal management thereof, and hired the porter and conductor for said car. Although there was some discrepancy in the evidence on…
2Cases cited17 opinions
- Lewis v. New York Sleeping Car Co.Massachusetts Supreme Judicial Court · 1887
- Adams v. . New Jersey Steamboat Co.New York Court of Appeals · 1896
- Kinsley v. Lake Shore & Michigan Southern RailroadMassachusetts Supreme Judicial Court · 1878
- Woodruff Sleeping & Parlor Coach Co. v. DiehlIndiana Supreme Court · 1882
- Henderson v. Louisville & Nashville RailroadSupreme Court of the United States · 1887
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Foulke v. New York Consolidated RailroadNew York Court of Appeals · 1920
- Goldstein v. . Pullman Co.New York Court of Appeals · 1917
- Commonwealth v. DzewiacinMassachusetts Supreme Judicial Court · 1925
- Union Pacific Railroad v. GraceWyoming Supreme Court · 1914
- Clark v. Checker Taxi Co.Massachusetts Supreme Judicial Court · 1953
7 more not listed; retrieve them via the Exa API.