Doyle v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort for injuries sustained by the plaintiff while a passenger in one of the defendant’s cars. At the trial in the Superior Court, before Lord, J., the plaintiff testified that he resided in Lynn, and that on Sunday, November 10, 1872, he went to Boston in a car of the defendant corporation, and that on his return, in another car of the defendant, he received the injuries complained of.
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Tort for injuries sustained by the plaintiff while a passenger in one of the defendant’s cars. At the trial in the Superior Court, before Lord, J., the plaintiff testified that he resided in Lynn, and that on Sunday, November 10, 1872, he went to Boston in a car of the defendant corporation, and that on his return, in another car of the defendant, he received the injuries complained of. Upon the question whether he was travelling lawfully on that day, he testified that his brother Martin came to Lynn, on Saturday afternoon or evening; that he had previously received a letter from him…
1Opinion of the CourtGray, C. J.
The provision of the Lord’s Day Act, which prohibits travelling, like that which forbids the doing of any business, labor or work, excepts what is done from “ necessity or charity. Gen. Sts. c. 84, §§ 1, 2. The exception has been often said by this court to cover everything which is morally fit and proper to be done upon that day under the particular circumstances of the case. Commonwealth v. Knox, 6 Mass. 76, 77. Flagg v. Millbury, 4 Cush. 243, 244. Bennett v. Brooks, 9 Allen, 118, 123. Commonwealth v. Sampson, 97 Mass. 407, 409. In the last case, Mr. Justice Hoar said that acts to prevent…
2Cases cited6 opinions
- Pearce v. AtwoodMassachusetts Supreme Judicial Court · 1816
- Myers v. StateSupreme Court of Connecticut · 1816
- Commonwealth v. SampsonMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. KnoxMassachusetts Supreme Judicial Court · 1809
- McClary v. Town of LowellSupreme Court of Vermont · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Allen v. DuffieMichigan Supreme Court · 1880
- Topeka Presbyterian Manor, Inc. v. Board of County CommissionersSupreme Court of Kansas · 1965
- State v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1912
- West. Union Telegraph Co. v. WilsonSupreme Court of Alabama · 1890
- First Methodist Episcopal Church v. DonnellSupreme Court of Iowa · 1899
15 more not listed; retrieve them via the Exa API.