Bradshaw v. South Boston Railroad
Massachusetts Supreme Judicial Court
Tort for being expelled from one of the defendant’s cars. Trial in the Superior Court, without a jury, before Colburn, J„ who reported the case for the determination of this court, in substance as follows: The defendant is a common carrier of passengers, for hire, owning lines of street cars between South Boston and Boston proper, and, among others, one running over Federal Street Bridge, between Boston and City Point in South Boston by what is called the Bay View route, and…
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Tort for being expelled from one of the defendant’s cars. Trial in the Superior Court, without a jury, before Colburn, J„ who reported the case for the determination of this court, in substance as follows: The defendant is a common carrier of passengers, for hire, owning lines of street cars between South Boston and Boston proper, and, among others, one running over Federal Street Bridge, between Boston and City Point in South Boston by what is called the Bay View route, and another running over Dover Street Bridge between Boston and said City Point by way of Broadway. None of the Dover…
1Opinion of the CourtC. Allen, J.
It may be assumed, as the view most favorable to the plaintiff, that the defendant was bound by an implied *409contract to give him a check showing that he was entitled to travel in the second car, and that it failed to do so; in consequence of which he was forced to leave the second car. It does not appear that the defendant had any rule requiring conductors to eject passengers under such circumstances. We may, however, take notice of the fact that it is usual for passengers to provide themselves with tickets or checks, showing their right to transportation, or else to pay their fare in money.…
2Cited by45 opinions
- Mosher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of the United States · 1888
- Atchison, Topeka & Santa Fé Railroad v. GantsSupreme Court of Kansas · 1888
- Murdock v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1884
- Dixon v. New England RailroadMassachusetts Supreme Judicial Court · 1901
- McKay v. Ohio River RailroadWest Virginia Supreme Court · 1890
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