Legal Opinion

Spofford v. Boston & Maine Railroad

Massachusetts Supreme Judicial Court

Decided February 27, 1880PublishedCited by 7 opinions

Contract, to recover $16, alleged to have been overpaid to the defendant for a season ticket between Haverhill and Boston-for the quarter ending December 31, 1878. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, on the following agreed facts: The defendant owns and operates a railroad between Haverhill and Boston, and the regular price for season tickets for three months in 1878 was $32. The defendant’s directors…

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Contract, to recover $16, alleged to have been overpaid to the defendant for a season ticket between Haverhill and Boston-for the quarter ending December 31, 1878. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, on the following agreed facts: The defendant owns and operates a railroad between Haverhill and Boston, and the regular price for season tickets for three months in 1878 was $32. The defendant’s directors had adopted a rule, authorizing their president, upon special application made to him therefor, and in such cases as he…

1Opinion of the CourtSoule, J.

The plaintiff seeks to recover from the defendant the sum of sixteen dollars, being half the amount paid for a season ticket for three months, which entitled the plaintiff, during that period, to ride daily, Sundays excepted, on the defendant’s cars from Haverhill to Boston, and back to Haverhill.

It appears that the sum paid for the ticket was the regular price of a season ticket, established by the directors. It is not contended that the price was unreasonably large for the service to which it entitled the purchaser. The plaintiff contends that he is entitled to recover, because certain…

2Cited by7 opinions

  1. Old Colony Railroad v. TrippMassachusetts Supreme Judicial Court · 1888
  2. Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. ClosserIndiana Supreme Court · 1890
  3. Attorney General v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1893
  4. Brand v. Water CommissionersMassachusetts Supreme Judicial Court · 1922
  5. Louisville, Evansville & St. Louis Railroad v. WilsonIndiana Supreme Court · 1889

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