Isenberg v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
. Tort for permitting an assault and battery to be committed upon the plaintiff when he was travelling from Boston to Bridge-water as a passenger on a railroad train of the defendant on June 25, 1912. Writ dated November 5, 1912. In the Superior Court the case was tried before Brown, J. At the conclusion of the plaintiff’s testimony by agreement of counsel both parties rested, and it was agreed that Peters, mentioned in the opinion, who committed the assault had been…
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. Tort for permitting an assault and battery to be committed upon the plaintiff when he was travelling from Boston to Bridge-water as a passenger on a railroad train of the defendant on June 25, 1912. Writ dated November 5, 1912. In the Superior Court the case was tried before Brown, J. At the conclusion of the plaintiff’s testimony by agreement of counsel both parties rested, and it was agreed that Peters, mentioned in the opinion, who committed the assault had been discharged by the defendant on May 10, 1912, and was not at the time of the assault an employee of the defendant nor entitled…
1Opinion of the CourtCarroll, J.
The facts were substantially as follows. The plaintiff, while a passenger on one of the defendant’s trains, was assaulted and injured by another passenger who was formerly, but not at the time of the assault, in the employ of the defendant. The name of this passenger was Peters.
The plaintiff occupied a front seat in the smoking compartment of a combination baggage and smoking car. Shortly after the train started, Peters began annoying and threatening damage to the plaintiff. As the conductor came through the train, the plaintiff complained to him of Peters’ conduct. The conductor looked at…
2Cases cited3 opinions
- Glennen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Nute v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1913
- Hull v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
3Cited by13 opinions
- Sharpe v. Peter Pan Bus Lines, Inc.Massachusetts Supreme Judicial Court · 1988
- Quigley v. Wilson Line of Massachusetts, Inc.Massachusetts Supreme Judicial Court · 1958
- Holton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939
- Magaw v. Massachusetts Bay Transportation AuthorityMassachusetts Appeals Court · 1985
- Rich v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1944
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