Sullivan v. Maine Central Railroad
Supreme Judicial Court of Maine
On motion and exceptions. This was an action to recover for personal injuries received by the plaintiff, on Sunday, August 18, 1888, when she was thrown from a wagon while crossing the defendants5 track, in Burnham.
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On motion and exceptions. This was an action to recover for personal injuries received by the plaintiff, on Sunday, August 18, 1888, when she was thrown from a wagon while crossing the defendants5 track, in Burnham. The plaintiff, a cripple, was riding with her brother along the public highway, for the benefit of the air, and when the horse reached the railroad, which crosses the highway at Burnham station, it stepped into a hole or space between the rail and planking and was thereby thrown down, at the same time causing the occupants of the carriage also to be thrown 'upon the ground. The…
1Opinion of the CourtPostee, J.
The defendants’ contention in support of the single question raised by the exceptions, is founded upon the erroneous assumption that riding upon Sunday for exercise, and for no other purpose, is a violation of the statute in relation to the observance of the Lord’s day. The statute is not to be so construed. Such an interpretation would be contrary to the spirit as well as the letter of a statute which expressly excepts from its prohibition works of necessity or charity. R. S., c. 124, §20.
And this exception may properly be said to cover everything which is morally fit and proper, under the…
2Cases cited7 opinions
- Doyle v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1875
- Horne v. MeakinMassachusetts Supreme Judicial Court · 1874
- King v. SavageMassachusetts Supreme Judicial Court · 1876
- McClary v. Town of LowellSupreme Court of Vermont · 1871
- Gorman v. City of LowellMassachusetts Supreme Judicial Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1912
- Gerretson v. Rambler Garage Co.Wisconsin Supreme Court · 1912
- Chadwick v. StokesCourt of Appeals for the Third Circuit · 1947
- Herrick v. StateSupreme Judicial Court of Maine · 1963
- Beacham v. Proprietors of Portsmouth BridgeSupreme Court of New Hampshire · 1895