Bucher v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, on Sunday, August 6, 1876, while a passenger in one of the defendant’s cars. The answer set up that the plaintiff was travelling on the Lord’s day in violation of law. At the trial in this court, before Ames, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion. The case was argued in November 1879, and reargued in March 1881.
1Opinion of the CourtEkdicott, J.
The first question in this case is whether tlie St. of 1877, e. 232, applies to actions brought after it went into effect, to recover damages from a common carrier of passengers for injuries received before its enactment. The statute is brief, and is in these words: “ The provisions of section two of chapter eighty-four of the General Statutes, prohibiting travelling on the Lord’s day, shall not constitute a defence to an action against a common carrier of passengers for any tort or injury suffered by a person so travelling.” It took effect upon its passage, May 15, 1877. The alleged injury…
2Cases cited9 opinions
- Murray v. GibsonSupreme Court of the United States · 1854
- McGrath v. MerwinMassachusetts Supreme Judicial Court · 1873
- Smith v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. SampsonMassachusetts Supreme Judicial Court · 1867
- George v. ReedMassachusetts Supreme Judicial Court · 1869
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3Cited by27 opinions
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
- Bucher v. Cheshire RailroadSupreme Court of the United States · 1888
- Pittsley v. DavidMassachusetts Supreme Judicial Court · 1937
- Conroy v. MatherMassachusetts Supreme Judicial Court · 1914
- State ex rel. Boynton v. Public Service CommissionSupreme Court of Kansas · 1932
22 more not listed; retrieve them via the Exa API.