Boston & M.R. Co. v. Trafton
| Decision Date | 26 February 1890 |
| Citation | 151 Mass. 229,23 N.E. 829 |
| Parties | BOSTON & M.R. CO. v. TRAFTON. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
W.I. Badger, for plaintiff.
A.H. Briggs, for defendant.
This is an action to recover fares for three journeys by the defendant upon the plaintiff's road in this state. The defendant in each case tendered stop-over checks, which were refused. These checks were stated on their face to be good only for 10 days, and the 10 days had expired; but the defendant claimed the right to be carried without further payment, on the ground that he received the checks under protest, in exchange for tickets from points in Maine to Boston, which he had purchased of the plaintiff in Maine, and that the Maine statute made tickets good for six years, and allowed passengers to stop over at will.
It is a sufficient answer to the defendant's argument that the statute upon which he relies is construed by the supreme judicial court of Maine as applying only to transportation within the limits of that state. Carpenter v. Railway Co., 72 Me. 388. Obviously, a broader construction would lead to great confusion and trouble, apart from the constitutional questions mentioned by the court. Admitting, then, that the statute entered into the defendant's contract as an implied term, the contract, so far as it embodied the statute, was only that the defendant might stop over in Maine. As this disposes of the case, we do not consider other difficulties of the defense.
Exceptions overruled.
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in re American Mut. Liability Ins. Co.
... ... [102 ... N.E. 693] Sawyer, Hardy & [215 Mass. 489] ... Stone, of Boston (Edward C. Stone, of Boston, of counsel), ... for insurer ... Geo. P ... territorial limits of the state. Boston & Maine R. R. v ... Trafton, 151 Mass. 229, 23 N.E. 829; Howarth v ... Lombard, 175 Mass. 570, 572, 56 N.E. 888, 49 L. R. A ... ...
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In re American Mut. Liab. Ins. Co.
...matter are designed to control conduct or fix the rights of parties beyond the territorial limits of the state. Boston & Maine R. R. v. Trafton, 151 Mass. 229, 23 N. E. 829;Howarth v. Lombard, 175 Mass. 570, 572, 56 N. E. 888,49 L. R. A. 301;Young v. Boston & Maine R. R., 168 Mass. 219, 46 ......