Whittemore v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for personal injuries. The question whether upon any view of the facts hereinafter stated it can be found that the defendants were in fault was transferred from the October term, 1911, of the superior court by Plummer, J. September 29, 1909, the plaintiff bought a ticket from West Swanzey to Brattleboro, Vermont, and return, good only on September 29 and 30, which entitled him to ride on the defendants’ trains between West Swanzey and South Vernon, Mass., and on their…
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Case, for personal injuries. The question whether upon any view of the facts hereinafter stated it can be found that the defendants were in fault was transferred from the October term, 1911, of the superior court by Plummer, J. September 29, 1909, the plaintiff bought a ticket from West Swanzey to Brattleboro, Vermont, and return, good only on September 29 and 30, which entitled him to ride on the defendants’ trains between West Swanzey and South Vernon, Mass., and on their trains or those of the Grand Trunk Railway between South Vernon and Brattleboro. The plaintiff rode to Brattleboro the…
1Opinion of the CourtYoung, J.
If the plaintiff thought his ticket entitled him to ride to West Swanzey and refused to pay his fare for that reason, it can be found that the defendants were in fault, not for putting him off the train when he reached Hinsdale, but for refusing to accept him as a passenger from Hinsdale to West Swanzey. In that case the defendants terminated the plaintiff’s journey at Hinsdale, and from that time they owed him the same duties they owed to, and his rights were the same as those of, every other member of the community. Consequently, although they acted within their rights when they put him…
2Cases cited1 opinion
- Caher v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1908
3Cited by1 opinion
- Whittemore v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914