Gordon v. Manchester & Lawrence Railroad
Supreme Court of New Hampshire
Assumpsit, by George C. Gordon against the Manchester & Lawrence Railroad. The declaration alleged in substance that the defendants, in consideration of a' payment of twenty dollars, promised the plaintiff to transport him between Salem, N. LI., and Manchester, N. H., by the regular trains between said Salem and Manchester, for the space of three months, ending Sept. 30, 1870 ; that on Sept. 8, 1870, the plaintiff was at Salem station, ready and anxious to be transported in…
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Assumpsit, by George C. Gordon against the Manchester & Lawrence Railroad. The declaration alleged in substance that the defendants, in consideration of a' payment of twenty dollars, promised the plaintiff to transport him between Salem, N. LI., and Manchester, N. H., by the regular trains between said Salem and Manchester, for the space of three months, ending Sept. 30, 1870 ; that on Sept. 8, 1870, the plaintiff was at Salem station, ready and anxious to be transported in the regular morning train to Manchester, but that the defendants neglected and refused to stop at Salem station the…
1Opinion of the CourtSmith, J.
In order to decide whether the evidence offered by the defendants was rightly rejected, it is indispensable to determine what the contract was. If the defendants entered into an absolute and unconditional engagement to transport the plaintiff to Manchester at the precise hour and minute named in the time-table, the ruling of the *599court was correct. If, on the other hand, the defendants only engaged to do all that due care and skill could do to insure punctuality, a different result may follow.
A common carrier of passengers is a person upon whom the law imposes particular obligations; “ and all…
2Cases cited12 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Dexter v. . NortonNew York Court of Appeals · 1871
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
- Quimby v. . VanderbiltNew York Court of Appeals · 1858
- Weed v. . the Panama Railroad CompanyNew York Court of Appeals · 1858
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cormack v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1909