Commonwealth v. Duane
Massachusetts Supreme Judicial Court
Complaint that the defendant, having charge of a hackney carriage used for transporting passengers, demanded and received, on May 18, 1865, of Sarah L. Lougee, a passenger therein, one dollar for carrying her from South Russell Street to Prescott Place in Boston, between seven o’clock in the forenoon and eleven o’clock in the evening, being a rate of fare greater than that established by an ordinance of the city, the material part of which is as follows: “ The prices or…
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Complaint that the defendant, having charge of a hackney carriage used for transporting passengers, demanded and received, on May 18, 1865, of Sarah L. Lougee, a passenger therein, one dollar for carrying her from South Russell Street to Prescott Place in Boston, between seven o’clock in the forenoon and eleven o’clock in the evening, being a rate of fare greater than that established by an ordinance of the city, the material part of which is as follows: “ The prices or rates of fare to be taken by or paid to the owner, driver, or other person having charge of any hackney carriage except…
1Opinion of the CourtBigelow, C. J.
The grounds on which the defendant seeks to sustain his exceptions are untenable.
1. The service which he undertook to render to the prosecutor was clearly within the terms of the city ordinance prescribing a fixed rate of fare for the conveyance of a single passenger within the limits of the city. The plain intent of the provision was that the prescribed fare should be charged for doing all that was usual and necessary to carry a passenger from place to place in a hackney carriage, including the time and trouble of going for the passenger as well as of transporting him to his point of…
2Cited by4 opinions
- Hockett v. StateIndiana Supreme Court · 1886
- Commonwealth v. RiceMassachusetts Supreme Judicial Court · 1927
- Commonwealth v. PageMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. GageMassachusetts Supreme Judicial Court · 1873