Murdock v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for being expelled from a train on the defendant’s railroad at Pittsfield, and for false imprisonment in the lockup of that town.
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Tort for being expelled from a train on the defendant’s railroad at Pittsfield, and for false imprisonment in the lockup of that town. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The plaintiff testified that he went to the ticket office of the defendant at Springfield in the evening of May 27, 1880, and asked the ticket seller for a ticket to North Adams, which is a station on the Pittsfield and North Adams Railroad, which road was run and managed by the defendant under a lease. The ticket seller, on being paid the fare to that…
1Opinion of the CourtC. Allen, J.
It appears that the defendant’s agent and ticket seller told the plaintiff that the two tickets would be good for a passage from Springfield to North Adams, and explained the meaning of the punched holes, and, with a full understanding of exactly what the tickets were and of what the plaintiff *299wanted, sold them to him as tickets good for his contemplated trip. There was nothing on their face to show the contrary to the plaintiff, and he took and paid for them on the strength of these explanations and assurances of the ticket seller. There was no mistake on the part of either as to where the…
2Cases cited6 opinions
- Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Frederick v. Marquette, Houghton & Ontonagon RailroadMichigan Supreme Court · 1877
- Bradshaw v. South Boston RailroadMassachusetts Supreme Judicial Court · 1883
- Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- McClure v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Mosher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of the United States · 1888
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Dixon v. New England RailroadMassachusetts Supreme Judicial Court · 1901
- Peabody v. O. R. & N. Co.Oregon Supreme Court · 1891
26 more not listed; retrieve them via the Exa API.