Planz v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries. Trial in the Superior Court, before Dewey, J., who, at the plaintiff’s request, reported the case for the determination of this court, in substance as follows.
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Tort for personal injuries. Trial in the Superior Court, before Dewey, J., who, at the plaintiff’s request, reported the case for the determination of this court, in substance as follows. The plaintiff testified that he was born in Bavaria, and had been in this country about three and a half years, three years of which time he lived in Syracuse, New York, where he worked at his trade of shoemaking; that he left Syracuse on October 3, 1891, intending to go to Boston in search of employment at his trade, and arrived in Huntington the next day, which was Sunday; that in the afternoon of the same…
1Opinion of the CourtKnowlton, J.
The plaintiff was not a passenger, and the defendant as a common carrier owed him no duty. The cases which hold that a carrier of passengers is always liable for wilful and wanton injuries inflicted by its servants upon those who are being carried by it are not applicable. Simmons v. *380New Bedford, Vineyard, & Nantucket Steamboat Co. 97 Mass. 361. Bryant v. Rich, 106 Mass. 180.
The plaintiff rightly contends that, although he was a trespasser, the defendant had no right recklessly and wantonly to inflict an injury upon him, and rests his case on the doctrino that a master is liable for the…
2Cases cited4 opinions
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Simmons v. New Bedford, Vineyard & Nantucket Steamboat Co.Massachusetts Supreme Judicial Court · 1867
- Marion v. C., R. I. & P. R.Supreme Court of Iowa · 1882
3Cited by25 opinions
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Genga v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
- Bjornquist v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1904
- Hayne v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Yancey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
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