Quimby v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff in an accident upon the defendant’s railroad, through the alleged negligence of its servants. Trial in the Superior Court, before Mason, J., who reported the case for the determination of this court, in substance as follows. It was admitted that at the time when the injuries were received the plaintiff was travelling upon a free pass given to him at his solicitation by the general manager of the defendant corporation.
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Tort for personal injuries occasioned to the plaintiff in an accident upon the defendant’s railroad, through the alleged negligence of its servants. Trial in the Superior Court, before Mason, J., who reported the case for the determination of this court, in substance as follows. It was admitted that at the time when the injuries were received the plaintiff was travelling upon a free pass given to him at his solicitation by the general manager of the defendant corporation. The face of the pass bore the following: “ 1062. Trip Pass. Boston and Maine Railroad. Pass Asa Quimby and wife, Account…
1Opinion of the CourtDevens, J.
When the plaintiff received his injury, he was travelling upon a free pass, given him at his own solicitation and as a pure gratuity, upon which was expressed his agreement that in consideration thereof he assumed all risk of accident which might happen to him while travelling on or getting on or off the trains of the defendant railroad corporation on which the ticket might be honored for passage. The ticket bore on its face the words, “ Provided he signs the agreement on the back hereof.” In fact, the agreement was not signed by the plaintiff, he not having been required to do so by the…
2Cases cited15 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Railway Co. v. StevensSupreme Court of the United States · 1878
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
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3Cited by43 opinions
- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Martin v. George Hyman Construction Co.District of Columbia Court of Appeals · 1978
- Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Freeman v. United Fruit Co.Massachusetts Supreme Judicial Court · 1916
- Louisville, New Albany & Chicago Railway Co. v. KeeferIndiana Supreme Court · 1896
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