Whitney v. Pullman's Palace Car Co.
Massachusetts Supreme Judicial Court
Contract to recover the value of a satchel and its contents, alleged to have been lost, while the plaintiff was riding as a passenger in one of the defendant’s cars, through the negligence of the defendant’s servants. Trial in the Superior Court, without a jury, before Staples, J., who ruled that the action could not be maintained; found for the defendant; and reported the case for the determination of this court.
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Contract to recover the value of a satchel and its contents, alleged to have been lost, while the plaintiff was riding as a passenger in one of the defendant’s cars, through the negligence of the defendant’s servants. Trial in the Superior Court, without a jury, before Staples, J., who ruled that the action could not be maintained; found for the defendant; and reported the case for the determination of this court. If the ruling was right, judgment was to be entered for tbe defendant on tbe finding; otherwise, a new trial to be had. The facts appear in the opinion.
1Opinion of the Court
Morton, O; J.
The plaintiff bought of the Eastern Railroad Company a ticket which entitled her to ride from Boston to the White Mountains in a day parlor car owned by the defendant, and in use by the Eastern Railroad Company under a contract with the defendant. She had with her a small satchel or reticule, which she did not deliver to the defendant or any of its agents, but which she kept in her personal control. There was evidence tending to show that it was stolen while the train in which she was riding was stopping at Portsmouth, Few Hampshire, for refreshments.
It is clear that she cannot…
2Cases cited2 opinions
- Kinsley v. Lake Shore & Michigan Southern RailroadMassachusetts Supreme Judicial Court · 1878
- Clark v. BurnsMassachusetts Supreme Judicial Court · 1875
3Cited by8 opinions
- Whicher v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1900
- Clark v. Checker Taxi Co.Massachusetts Supreme Judicial Court · 1953
- Randall v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1917
- Myers v. Pullman Co.Court of Appeals of Kentucky · 1912
- Pullman Co. v. HaysCourt of Appeals of Texas · 1923
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