Rowell v. Boston & Maine Railroad
Supreme Court of New Hampshire
Trespass, for assault and battery. June 22, 1894, a freight train of the defendants arrived at the station in Newport, in charge of Conductor Woodbury. The plaintiff, expecting some freight on this train, .came to the railroad station to get it. He was informed by the station agent that there was no freight for him, but he entered one of the cars of this train where the conductor was unloading freight, and made an inquiry of him about the freight.
Read the full summary
Trespass, for assault and battery. June 22, 1894, a freight train of the defendants arrived at the station in Newport, in charge of Conductor Woodbury. The plaintiff, expecting some freight on this train, .came to the railroad station to get it. He was informed by the station agent that there was no freight for him, but he entered one of the cars of this train where the conductor was unloading freight, and made an inquiry of him about the freight. The conductor requested him to leave the car and then ejected him, or attempted to eject him, from the car, whereby the plaintiff" claims he was…
1Opinion of the CourtWallace, J.
The question raised here is whether the defendants’ motions for a nonsuit and for a verdict in their favor should have been granted. If the plaintiff, when the conductor attempted to eject him from the freight car, was there without right and was a trespasser, yet he had a right to have the case submitted to a jury, if there was any evidence from which it was competent for them to find that the act of the defendants’ servant, in ejecting or attempting to eject the plaintiff from the car, was within the scope of the servant’s employment, and that he ejected or attempted to eject the plaintiff…
2Cases cited2 opinions
- Rounds v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1876
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
3Cited by8 opinions
- Aversa v. United StatesCourt of Appeals for the First Circuit · 1996
- Penas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
- Richard v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1920
- Peters v. Pima Mercantile Co., Inc.Arizona Supreme Court · 1933
- Morin v. People's Wet Wash Laundry Co.Supreme Court of New Hampshire · 1931
3 more not listed; retrieve them via the Exa API.