Horgan v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for an alleged illegal arrest and false imprisonment of the plaintiff alleged to have been committed by the servants of the defendant after the plaintiff had entered the subway station of the defendant at Scollay Square in Boston on October 29, 1907. Writ dated December 7, 1907. The answer contained a general denial and a plea of justification. In the Superior Court the case was tried before Brown, J. The evidence is described in the opinion.
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Tort for an alleged illegal arrest and false imprisonment of the plaintiff alleged to have been committed by the servants of the defendant after the plaintiff had entered the subway station of the defendant at Scollay Square in Boston on October 29, 1907. Writ dated December 7, 1907. The answer contained a general denial and a plea of justification. In the Superior Court the case was tried before Brown, J. The evidence is described in the opinion. At the close of the evidence the judge ruled that the plaintiff was not entitled to recover, and ordered a verdict for the defendant. The plaintiff…
1Opinion of the CourtBraley, J.
The verdict for the defendant was ordered at the close of all the evidence, but as the jury could have disbelieved the defendant’s witnesses so far as their testimony was material, the question is, whether upon the plaintiff’s own narrative he could prevail.
Having entered the subway station of the defendant and paid his fare with the intention of becoming a passenger, the plaintiff was lawfully on the premises, and, if while passing through the turnstile to take a car its servants unlawfully molested him by physical restraint, the defendant is responsible for the injury. Lockwood v. Boston…
2Cases cited15 opinions
- New Orleans & Northeastern Railroad v. JopesSupreme Court of the United States · 1891
- Trambly v. RicardMassachusetts Supreme Judicial Court · 1881
- Brock v. StimsonMassachusetts Supreme Judicial Court · 1871
- Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- McNamara v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
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3Cited by21 opinions
- Schubert v. August Schubert Wagon Co.New York Court of Appeals · 1928
- Elias v. Unisys Corp.Massachusetts Supreme Judicial Court · 1991
- Herron v. City of YoungstownOhio Supreme Court · 1940
- Keefe v. HartMassachusetts Supreme Judicial Court · 1913
- Meece v. Holland Furnace Co.Appellate Court of Illinois · 1933
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