Davies v. City of Boston
Massachusetts Supreme Judicial Court
Tobt, with a count in contract, for personal injuries sustained by the plaintiff while a passenger on a ferryboat owned and operated by the city of Boston, running between the mainland of that city and East Boston, the plaintiff having paid the regular fare of one cent.
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Tobt, with a count in contract, for personal injuries sustained by the plaintiff while a passenger on a ferryboat owned and operated by the city of Boston, running between the mainland of that city and East Boston, the plaintiff having paid the regular fare of one cent. Writ dated March 18, 1908. At the trial in the Superior Court before Lawton, J. there was evidence which warranted the jury in finding that the plaintiff while in the exercise of due care was injured by reason of the negligence of one of the defendant’s employees in raising a gate to permit the passengers to go ashore. This…
1Opinion of the CourtKnowlton, C. J.
The plaintiff, while a passenger on a ferryboat used by the defendant to carry passengers from East Boston to Boston, was injured by the negligence of one of the defendant’s servants. The only question raised by the bill of exceptions is whether the defendant is liable for such an injury.
The defendant contends that its relation to the plaintiff was simply that of an agent of the public, performing strictly public duties, with no commercial element entering into the business in which it was engaged, whether the business is viewed in reference to the plaintiff who paid fare for her passage,, or…
2Cases cited13 opinions
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Worden v. City of New BedfordMassachusetts Supreme Judicial Court · 1881
- Neff v. Inhabitants of WellesleyMassachusetts Supreme Judicial Court · 1889
- Stock v. City of BostonMassachusetts Supreme Judicial Court · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1919
6 more not listed; retrieve them via the Exa API.