Wessman v. Boston & Maine Railroad

On Rehearing. After the foregoing opinion was filed the defendant moved for a rehearing upon the question whether a distinction should be drawn “between the defendant’s personal negligence and the negligence of its employees,” and argument was invited upon this motion.

Branch, J.

The argument of the defendant upon rehearing may be summarized as follows: that the defendant as a common carrier was not bound to transport the plaintiff without compensation; that in furnishing her free transportation it acted as a private carrier; that as a private carrier it might lawfully attach to the performance…