Hebert v. Portland Railroad
Supreme Judicial Court of Maine
On exceptions by defendant. Action on the case to recover damages for personal injuries sustained by the plaintiff caused by the alleged negligence of the defendant company while transporting the plaintiff on one of its street railroad cars. The action was brought in the Supreme Judicial Court, Cumberland County, and was entered at the April term, 1906, of said court. At the same term, the defendant filed a special demurrer to the declaration.
Read the full summary
On exceptions by defendant. Action on the case to recover damages for personal injuries sustained by the plaintiff caused by the alleged negligence of the defendant company while transporting the plaintiff on one of its street railroad cars. The action was brought in the Supreme Judicial Court, Cumberland County, and was entered at the April term, 1906, of said court. At the same term, the defendant filed a special demurrer to the declaration. At a subsequent term, the demurrer was sustained and the plaintiff was allowed to file an amended declaration. The defendant then filed a special…
1Opinion of the CourtEmery, C. J.
On exceptions to the overruling a demurrer to the declaration. The case stated in the declaration is substantially *321this: — -The defendant company was a common carrier"of passengers and as such was owning and operating a street railroad in West-brook and Portland and between the two cities. The plaintiff was in the employ of the company as a "greaser.” He lived in West-brook but bis assigned place of work was at a point in Portland. In addition to his cash wages the company gave him tickets good for passage upon its railroad between his residence in Westbrook and his place of labor in…
2Cases cited8 opinions
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Gulf, Colorado & Santa Fe Railway Co. v. SmithTexas Supreme Court · 1889
- Dickinson v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- McNulty v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1897
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Claim of Kowalek v. New York Consolidated RailroadNew York Court of Appeals · 1920
- Klinck v. Chicago City Railway Co.Illinois Supreme Court · 1914
- O'Bierne v. StaffordSupreme Court of Connecticut · 1913
- State v. EuartSupreme Judicial Court of Maine · 1953
- Indiana Union Traction Co. v. LangleyIndiana Supreme Court · 1912
6 more not listed; retrieve them via the Exa API.