Spicer v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort. The second count of the declaration, which was amended by striking out the first count, was as follows: “ And the plaintiff says the defendant is a corporation owning and operating a railroad from Lynn to Boston, and particularly from Revere Beach, so called, to Boston, and is a common carrier of passengers between said places by means of street railway cars drawn by horses over defendant’s railroad; that on the thirty-first day of July, A. D. 1887, on or about that…
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Tort. The second count of the declaration, which was amended by striking out the first count, was as follows: “ And the plaintiff says the defendant is a corporation owning and operating a railroad from Lynn to Boston, and particularly from Revere Beach, so called, to Boston, and is a common carrier of passengers between said places by means of street railway cars drawn by horses over defendant’s railroad; that on the thirty-first day of July, A. D. 1887, on or about that date, at the request of defendant, she took a seat in one of defendant’s cars for the purpose of being carried to Boston…
1Opinion of the CourtDevens, J.
The second count of the plaintiff’s declaration in tort (the first having been withdrawn) alleges that the plaintiff took passage in the car of the defendant, a common carrier of passengers from Revere to Boston, paying her fare to the defendant’s servant, who was in charge; that when the car had proceeded some distance towards Boston she was directed to change into another car, which she did, and that thereafter, while on the way towards Boston, she was ordered by the defendant’s servant to leave said car, and was forcibly expelled therefrom. She alleges that, “in consequence of her wrongful…
2Cases cited1 opinion
- Derby v. FlitnerMassachusetts Supreme Judicial Court · 1875
3Cited by4 opinions
- McCauley v. NorcrossMassachusetts Supreme Judicial Court · 1892
- Georgia Railroad & Banking Co. v. EskewSupreme Court of Georgia · 1891
- French v. City of LawrenceMassachusetts Supreme Judicial Court · 1906
- Kilberg v. BerryMassachusetts Supreme Judicial Court · 1896