Wakefield v. South Boston Railroad
Massachusetts Supreme Judicial Court
Tort for an assault and battery by an agent of the defendant. At the trial in the Superior Court, before Pitman, J., there was evidence tending to show that the plaintiff, under the provisions of the St. of 1871, c. 381, § 36, purchased in East Boston a commutation ticket from the conductor of a Metropolitan car, in order to secure a passage on the horse-railroad cars to the defendant’s stable in South Boston ; that he rode on the Metropolitan car to the corner of Harrison…
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Tort for an assault and battery by an agent of the defendant. At the trial in the Superior Court, before Pitman, J., there was evidence tending to show that the plaintiff, under the provisions of the St. of 1871, c. 381, § 36, purchased in East Boston a commutation ticket from the conductor of a Metropolitan car, in order to secure a passage on the horse-railroad cars to the defendant’s stable in South Boston ; that he rode on the Metropolitan car to the corner of Harrison Avenue and Beach Street, at which place the plaintiff exchanged cars, getting into a car upon which he saw the words “…
1Opinion of the CourtColt, J.
The plaintiff’s commutation check, which he received as a passenger in the car of the Metropolitan road from the conductor of that car, entitled him under the St. of 1871, e. 381, § 36, to a passage on the same day in any car run in the city by any other street railway “ between any two points therein,” without paying “ any sum beyond eight cents for both of the passages aforesaid.” This right the plaintiff had used up when he surrendered his check and left the second car. It cannot be fairly claimed that he had the right to three passages in three different cars.
*546The fact that the defendant’s…
2Cited by5 opinions
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