Legal Opinion

Hosmer v. Old Colony Railroad

Massachusetts Supreme Judicial Court

Decided June 22, 1892PublishedCited by 25 opinions

Tort. Trial in the Superior Court, before Maynard, J. who reported the case for the determination of this court, in substance as follows. On February 1,1883, the plaintiff executed and delivered to the defendant corporation the following agreement.

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Tort. Trial in the Superior Court, before Maynard, J. who reported the case for the determination of this court, in substance as follows. On February 1,1883, the plaintiff executed and delivered to the defendant corporation the following agreement. “ Old Colony Railroad Company, Boston, Feb. 1, 1883. Whereas under the rules of the Old C°l°ny Railroad Company passengers are not allowed to ride in the baggage car of any trains, but the undersigned, holder of a season ticket, being engaged in the express business, is desirous of riding in such car for the more convenient despatch of his business…

1Opinion of the CourtLathrop, J.

In Bates v. Old Colony Railroad, 147 Mass. 255, the plaintiff had a contract similar to the one in the case at bar, and also a season ticket. It was held that he had no right, by virtue of the season ticket alone, to ride in the baggage car; and that,, if the contract were construed in the manner most favorable to the plaintiff, namely, so as to include only injuries occasioned by his riding -in the baggage car, still he could not recover for such injuries. The question whether the contract *508ought to be construed to include injuries to which riding in the baggage car did not contribute was not…

2Cases cited2 opinions

  1. Quimby v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
  2. Bates v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1888

3Cited by25 opinions

  1. Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
  2. Freeman v. United Fruit Co.Massachusetts Supreme Judicial Court · 1916
  3. Clarke v. AmesMassachusetts Supreme Judicial Court · 1929
  4. The OceanicaCourt of Appeals for the Second Circuit · 1909
  5. Louisville, New Albany & Chicago Railway Co. v. KeeferIndiana Supreme Court · 1896

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