Jackson v. Old Colony Street Railway Co.
Massachusetts Supreme Judicial Court
Tort against the Old Colony Street Railway Company, as a common carrier of passengers, for injuries from an assault alleged to have been committed upon the plaintiff by the conductor of a car of the defendant on which the plaintiff was a passenger. Writ dated December 30, 1904. The pleadings are described in the opinion. In the Superior Court the case was tried before Bell, J. The defendant admitted that the car belonged to the defendant and was in charge of its employees.
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Tort against the Old Colony Street Railway Company, as a common carrier of passengers, for injuries from an assault alleged to have been committed upon the plaintiff by the conductor of a car of the defendant on which the plaintiff was a passenger. Writ dated December 30, 1904. The pleadings are described in the opinion. In the Superior Court the case was tried before Bell, J. The defendant admitted that the car belonged to the defendant and was in charge of its employees. The plaintiff testified in substance that he got on the car in Whitman; that after the car had gone about a quarter of a…
1Opinion of the CourtBraley, J.
The plaintiff, having entered the car and paid his fare, became a passenger, and when the evidence closed it was uncontroverted that he had been assaulted by the conductor, although the place of the assault was for the jury to decide, upon conflicting evidence.
During the first part of the journey, they engaged in a verbal quarrel, which resulted in ill feeling between them; but there was no testimony that during the last half of the journey the dispute was renewed, or that the plaintiff was told that if upon *483request he did not depart he would be put off when the car stopped at the turnout,…
2Cases cited38 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- New Orleans & Northeastern Railroad v. JopesSupreme Court of the United States · 1891
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
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3Cited by31 opinions
- Cortes v. Baltimore Insular Line, Inc.Supreme Court of the United States · 1932
- Frewen v. PageMassachusetts Supreme Judicial Court · 1921
- Finnish Temperance Society Sovittaja v. Finnish Socialistic Publishing Co.Massachusetts Supreme Judicial Court · 1921
- Genga v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
- Quigley v. Wilson Line of Massachusetts, Inc.Massachusetts Supreme Judicial Court · 1958
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