Bay State Street Railway Co. v. North Shore News Co.
Massachusetts Supreme Judicial Court
Contract on a contract in writing to indemnify the plaintiff for all loss suffered by it on account of injuries to newsboys in the employ of the defendant, which is described more particularly below.
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Contract on a contract in writing to indemnify the plaintiff for all loss suffered by it on account of injuries to newsboys in the employ of the defendant, which is described more particularly below. Writ dated April 27, 1914. In the Superior Court the case was submitted to Chase, J., upon an agreed statement of facts as follows: On July 1, 1911, the Boston and Northern Street Railway Company, now the Bay State Street Railway Company, the name having been changed by act of the Legislature, entered into an agreement with the North Shore News Company. Under this agreement the street railway…
1Opinion of the CourtLoring, J.
1. We are of opinion that the injury to Higgins was within the contract by which the defendant agreed to save the plaintiff “harmless from all loss, cost or damage on account of injuries received by newsboys in its employ . . . while boarding, riding upon or leaving the cars of the Street Railway Company.” The unambiguous terms of this agreement are not to be cut down by the fact (if it is a fact) that the policy which the defendant (by paragraph 6) was to carry for the plaintiff’s benefit was not so broad.
2. The agreement here sued on is nothing more and nothing less than an agreement…
2Cited by13 opinions
- Boston & Maine Railroad v. T. Stuart & Son Co.Massachusetts Supreme Judicial Court · 1920
- United States v. Gaetano FrizziCourt of Appeals for the First Circuit · 1974
- Dibble v. San Joaquin Light & Power Corp.California Court of Appeal · 1920
- Hozian v. Crucible Steel Casting Co.Ohio Supreme Court · 1937
- The Pennsylvania Railroad Co. v. KentIndiana Court of Appeals · 1964
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