Hunter v. Stewart
Supreme Judicial Court of Maine
This was au action op the case against the defendant as a common carrier. The defendant was a stage proprietor, and carried passengers for hire, and, amongst others, the plaintiff, a young, unmarried female, over the road where, Aug. 8,1857, she received an injury.
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This was au action op the case against the defendant as a common carrier. The defendant was a stage proprietor, and carried passengers for hire, and, amongst others, the plaintiff, a young, unmarried female, over the road where, Aug. 8,1857, she received an injury. There was evidence, more or less conflicting, as to the care exercised by the defendant; as to his driver, horses and coach; as to the condition of the road; and as to the extent and probable permanency of the injury sustained by. the plaintiff. There was no evidence as to whether the plaintiff contemplated marriage. Amongst other…
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, J.
This is an action of the case against a defendant for negligence as a common carrier, by reason of which the carriage, in which the plaintiff was riding, was upset, whereby she received great bodily injury, &c.
The plaintiff was unmarried, but the declaration contained no allegation of any special damage arising from the actual or probable loss of the preferment which the law implies in the relation of marriage. Nor was there any evidence tending to prove that she was, or had been engaged, or had ever contemplated marriage.
The damages arising…
2Cited by6 opinions
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. CaseIndiana Supreme Court · 1910
- Flanagan v. Baltimore & Ohio RailroadSupreme Court of Iowa · 1891
- Smith v. Pittsburgh & W. Ry. Co.U.S. Circuit Court for the District of Northern Ohio · 1898
- Union Traction Co. v. SullivanIndiana Court of Appeals · 1905
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