Hull v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for alleged assault and battery upon and false imprisonment of the plaintiff while he was a passenger of the defendant. Writ dated September 24, 1909. The answer of the defendant, as amended, contained a general denial and allegations that, “ if the plaintiff shall prove that he was ejected ” or “ detained,” “ then the defendant answers that he was rightly ejected” or “detained and with the use of no more force than was necessary.”
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Tort for alleged assault and battery upon and false imprisonment of the plaintiff while he was a passenger of the defendant. Writ dated September 24, 1909. The answer of the defendant, as amended, contained a general denial and allegations that, “ if the plaintiff shall prove that he was ejected ” or “ detained,” “ then the defendant answers that he was rightly ejected” or “detained and with the use of no more force than was necessary.” In the Superior Court the case was tried before Aiken, C. J. The plaintiff’s evidence tended to show that he became a passenger upon one of the defendant’s…
1Opinion of the CourtBraley, J.
The plaintiff, having been accepted as a passenger, was lawfully in the car, and the defendant had undertaken to provide reasonable facilities for his transportation in safety and to protect him from violence, annoyance and discomfort whether arising from disorderly conduct of fellow passengers, or the wrongful interference of its employees, or the intrusion of strangers whose presence by the exercise of due care could have been anticipated and prevented. Jackson v. Old Colony Street *163Railway, 206 Mass. 477, 485, 486. Exton v. Central Railroad, 33 Vroom, 7; 34 Vroom, 356. New Jersey Steamboat…
2Cases cited13 opinions
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
- Brock v. StimsonMassachusetts Supreme Judicial Court · 1871
- Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Exton v. Central RailroadSupreme Court of New Jersey · 1898
- Horgan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Quigley v. Wilson Line of Massachusetts, Inc.Massachusetts Supreme Judicial Court · 1958
- Chicago, R. I. & P. Ry. Co. v. RadfordSupreme Court of Oklahoma · 1913
- Isenberg v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1915
- Doherty v. SheaMassachusetts Supreme Judicial Court · 1946
- Bolotin v. Nash Yellow CabMassachusetts District Court, Appellate Division · 1959
1 more not listed; retrieve them via the Exa API.