Boston & Maine Railroad v. Chipman
Massachusetts Supreme Judicial Court
Contract to recover twenty-nine cents, the fare between Boston and Melrose Highlands. Trial in the Superior Court, on appeal, without a jury, before Mason, J., who reported the case for the consideration of this court, in substance as follows: The following facts were admitted by both parties.
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Contract to recover twenty-nine cents, the fare between Boston and Melrose Highlands. Trial in the Superior Court, on appeal, without a jury, before Mason, J., who reported the case for the consideration of this court, in substance as follows: The following facts were admitted by both parties. The plaintiff operates a railroad, and had established reasonable rates for the transportation of passengers; the fare between Boston and Melrose Highlands for those paying their fare upon the train being twenty-nine cents. The plaintiff had previously sold to the defendant, and many others, books…
1Opinion of the Court
By the Court.
The contract, of which the hook and the coupons therein sold to the defendant by the plaintiff are the evidence, is a reasonable and valid one. Under it the plaintiff’s conductor was not required to accept as the defendant’s fare a detached coupon, and had at least the right to demand that he should produce and show the book.
There was no evidence which would justify the finding that the plaintiff had rescinded or waived any of the conditions or terms of the contract. Judgment for the plaintiff.
2Cited by6 opinions
- Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Quimby v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Rogers v. Kennebec Steamboat Co.Supreme Judicial Court of Maine · 1894
- Harmon v. JensenCourt of Appeals for the Sixth Circuit · 1909
- Drummond v. Southern Pacific Co.Utah Supreme Court · 1891
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