Thayer v. Old Colony Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on Labor Day, September 7, 1908, at Hingham, when the plaintiff was returning from Nantasket Beach to his home in Brockton, from being thrown or drawn from an open car of the defendant when the conductor was puffing from the car an intoxicated passenger, who was sitting next beyond the plaintiff on the same seat of the car and whose fare the conductor had returned.
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Tort for personal injuries sustained on Labor Day, September 7, 1908, at Hingham, when the plaintiff was returning from Nantasket Beach to his home in Brockton, from being thrown or drawn from an open car of the defendant when the conductor was puffing from the car an intoxicated passenger, who was sitting next beyond the plaintiff on the same seat of the car and whose fare the conductor had returned. Writ dated January 5, 1909. 1. In the Superior Court the case was tried before Fessenden, J. The evidence is described sufficiently in the opinion. At the close of the evidence the plaintiff…
1Opinion of the CourtBraley, J.
The defendant lawfully could have excluded from the car on which the plaintiff was a passenger, persons who from intoxication or by the use of indecent or profane language might cause annoyance and discomfort to other passengers. Or where the conduct of a person who has become a passenger is so offensive and disorderly as reasonably to warrant the inference, that inconvenience or annoyance may be caused, expulsion can be enforced even if no overt act of positive disturbance has been committed. The carrier is not required to await the final outbreak with its probable consequences, before…
2Cases cited11 opinions
- Ramsden v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Lane v. MooreMassachusetts Supreme Judicial Court · 1890
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1899
- Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Connors v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Holton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939
- Bilodeau v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- Hall v. Seaboard Air Line Railway Co.Supreme Court of Florida · 1921
- Spalt v. EatonSupreme Court of New Jersey · 1937
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1931
3 more not listed; retrieve them via the Exa API.