Doyle v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff’s intestate, Cornelius J. Doyle, by the alleged negligence of the defendant. Trial in the Superior Court, without a jury, before Dunbar, J., who allowed a bill of exceptions, in substance as follows. Cornelius J. Doyle had been for about a year and a half employed as a clerk in the freight department of the defendant at Boston.
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Tort, for personal injuries occasioned to the plaintiff’s intestate, Cornelius J. Doyle, by the alleged negligence of the defendant. Trial in the Superior Court, without a jury, before Dunbar, J., who allowed a bill of exceptions, in substance as follows. Cornelius J. Doyle had been for about a year and a half employed as a clerk in the freight department of the defendant at Boston. He was not employed for any stated period, but was at liberty to quit the employment at any time, and the defendant might discharge him at any time, without breach of contract. His wages were fixed at a daily…
1Opinion of the CourtMorton, J.
The defendant concedes that, in view of the decision in Doyle v. Fitchburg Railroad, 162 Mass. 66, the plaintiff’s intestate must be regarded as a passenger; but he contends that, notwithstanding what is there said, the ticket was a gratuity; and he bases this contention principally on the difference between the bill of exceptions in this case and in that. There is a slight difference, it is true, between the two. In the former case the bill of exceptions stated that the tickets were issued only to employees who worked in Boston and lived at some other place on the line of the road, and “…
2Cases cited29 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
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3Cited by27 opinions
- Freeman v. United Fruit Co.Massachusetts Supreme Judicial Court · 1916
- Powell v. Union Pacific RailroadSupreme Court of Missouri · 1914
- New York Central Railroad Co. v. William Culkeen & Sons Co.Massachusetts Supreme Judicial Court · 1924
- Central of Georgia Railway Co. v. LippmanSupreme Court of Georgia · 1900
- Whitney v. New York, N. H. & H. R.Court of Appeals for the First Circuit · 1900
22 more not listed; retrieve them via the Exa API.