Legal Opinion

Bucher v. Cheshire Railroad

Supreme Court of the United States

Decided March 19, 1888No. 132PublishedCited by 137 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. This action was brought to recover damages for personal injuries inflicted upon the plaintiff by reason of the joint tort of the. defendants, while he was traveiling in the State of Massachusetts, as a passenger on a train operated by one of them.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. This action was brought to recover damages for personal injuries inflicted upon the plaintiff by reason of the joint tort of the. defendants, while he was traveiling in the State of Massachusetts, as a passenger on a train operated by one of them. The defendants’ plea was a general denial, and a further allegation “ that if the plaintiff was travelling, as alleged by him, and while travelling was injüred, he was travelling on a Sunday or Lord’s Day, and not from necessity or charity,, and in violation of said…

1Opinion of the CourtJustice Miller

This is a writ of error to the Circuit Court of the United States for the District of Massachusetts.

The plaintiff in error was plaintiff in that court, and sought to recover of the defendants for injuries which he sustained by reason of their negligence while travelling upon their roads. •The court on the trial substantially instructed the jury that the *577plaintiff could not recover because the injury complained of occurred while he was travelling upon the Sabbath day, in violation of the law of the State of Massachusetts.

A suit between the same parties in regard to the same transaction had…

2Cases cited14 opinions

  1. Swift v. TysonSupreme Court of the United States · 1842
  2. Luther v. BordenSupreme Court of the United States · 1849
  3. Burgess v. SeligmanSupreme Court of the United States · 1883
  4. Ex Parte FISKSupreme Court of the United States · 1885
  5. Wheaton and Donaldson v. Peters and GriggSupreme Court of the United States · 1834

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3Cited by137 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
  3. Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
  4. Kuhn v. Fairmont Coal Co.Supreme Court of the United States · 1910
  5. Guffey v. SmithSupreme Court of the United States · 1915

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