Levins v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for $410 alleged to have been stolen by a porter of the defendant while the plaintiff was travelling in a parlor car owned and operated by the defendant.
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Tort for $410 alleged to have been stolen by a porter of the defendant while the plaintiff was travelling in a parlor car owned and operated by the defendant. Writ dated July 9, 1898. At the trial in the Superior Court before Sherman, J., it appeared, that the car was owned and operated by the defendant and that the porter was in the defendant’s employ, that the plaintiff was travelling on a free railroad pass, but had paid for her seat in the parlor car, that having occasion to visit the toilet room of the car she left her purse on the window sill while washing her hands, and returned to her…
1Opinion of the CourtHammond, J.
The evidence is conclusive that the money lost was not intended to be used for travelling expenses, but for an entirely different purpose. The plaintiff was upon the train, going to her home in the city of New York. She had a pass and a special ticket, upon both of which she relied to get there. She testified that the money had been obtained by a recent sale of certain property in New York, belonging to her mother, that her mother had consented that she might use it in the purchase of an interest in the business of one Snyder in New York, and that it was “ not at all ” for travelling…
2Cases cited4 opinions
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Dunlap v. International Steamboat Co.Massachusetts Supreme Judicial Court · 1867
- Root v. New York Central Sleeping-Car Co.Missouri Court of Appeals · 1887
- Illinois Central Railroad v. HandyMississippi Supreme Court · 1886
3Cited by4 opinions
- Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Vannah v. Hart Private HospitalMassachusetts Supreme Judicial Court · 1917
- Whitcomb v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Bacon v. Pullman Co.Court of Appeals for the Fifth Circuit · 1908