Maroney v. Old Colony & Newport Railway Co.
Massachusetts Supreme Judicial Court
Tort. The declaration alleged “ that the defendant corporation is the owner of a certain railroad, extending from Middle-borough in Massachusetts to Newport in Rhode Island, and on July 11,1868, and for a long time previously, was accustomed to carry and convey in its cars and over its said road passengers for hire; that on said July 11 the plaintiff, having purchased of one of the defendants’ authorized agents a ticket entitling him to a passage in their cars over said road…
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Tort. The declaration alleged “ that the defendant corporation is the owner of a certain railroad, extending from Middle-borough in Massachusetts to Newport in Rhode Island, and on July 11,1868, and for a long time previously, was accustomed to carry and convey in its cars and over its said road passengers for hire; that on said July 11 the plaintiff, having purchased of one of the defendants’ authorized agents a ticket entitling him to a passage in their cars over said road from said Middleborough to said Newport, entered said cars with said ticket, and was rightfully, peaceably and lawfully…
1Opinion of the CourtWells, J.
The plaintiff’s ticket entitled him to a passage npon any regular train for passengers upon the road of the defendants. It contained no notice of any restriction or limitation of the right which it purported to give. It was issued by the ticket agent of the Cape Cod Railroad Company, whose authority for that purpose was sufficiently shown by the fact that such tickets had been so issued by said company “ for some months prior” thereto, “with the assent uf the defendants.” The defendants could not, by any rule or regulation not previously made known, restrict the plaintiff from taking the…
2Cited by9 opinions
- Hufford v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1887
- Murdock v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1884
- Jerome v. SmithSupreme Court of Vermont · 1876
- Hall v. Memphis & Charleston R.District Court, W.D. Tennessee · 1882
- DeBoard v. Camden Interstate Railway Co.West Virginia Supreme Court · 1907
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