Quigley v. Wilson Line of Mass., Inc.

CourtUnited States State Supreme Judicial Court of Massachusetts
Writing for the CourtBefore WILKINS; RONAN
Citation77 A.L.R.2d 499,154 N.E.2d 77,338 Mass. 125
Decision Date20 November 1958
Parties, 77 A.L.R.2d 499 Mark F. QUIGLEY v. WILSON LINE OF MASSACHUSETTS, Inc.

Page 77

154 N.E.2d 77
338 Mass. 125, 77 A.L.R.2d 499
Mark F. QUIGLEY
v.
WILSON LINE OF MASSACHUSETTS, Inc.
Supreme Judicial Court of Massachusetts, Suffolk.
Argued Oct. 10, 1958.
Decided Nov. 20, 1958.

[338 Mass. 126]

Page 78

Sydney M. Davis, Isaac Gordon, Boston, for plaintiff.

John J. McNaught, Esdaile, Morris & McKenney, Boston, for defendant.

Before [338 Mass. 125] WILKINS, C. J., and RONAN, SPALDING, WHITTEMORE and CUTTER, JJ.

[338 Mass. 126] RONAN, Justice.

This is an action of tort to recover for injuries sustained by the plaintiff, while a passenger aboard the defendant's ship, as a result of an unprovoked assault on him by an intoxicated fellow passenger. The case was tried before a judge, sitting without jury. The defendant excepted to the refusal to give three requests. 1

The defendant was, on June 26, 1954, the date of the alleged tort, the owner and operator of the vessel 'MV Sea Belle,' a common carrier of passengers for hire, manned and controlled by the defendant's employees and agents. On the date in question, the vessel was carrying paseengers between Nantasket and Boston and approximately one thousand passengers were aboard. On the lower deck of the vessel, the defendant operated a bar at which intoxicating beverages were sold and which was tended by five bartenders. There were also facilities for dancing. In addition to the crew, a detail of three police officers of the Boston police department had been employed by the defendant for service aboard the vessel to maintain order and 'to prevent annoyance or injury to passengers by unruly or obnoxious persons.'

The plaintiff, after paying for his passage, went aboard at Boston at about 8:30 or 8:45 in the vening of June 26, [338 Mass. 127] 1954, in company with his wife, her brother, one O'Brien, and O'Brien's wife. The plaintiff and his party danced or walked about the deck of the vessel until it reached Nantasket. There it was to remain until 10:30, when the return trip to Boston was to commence. O'Brien and his wife went ashore. The plaintiff and his wife stayed aboard ship, and when the return trip to Boston began, they were in the saloon section of the vessel, one deck below the main deck, where the bar was located.

Meanwhile at Nantasket the vessel had taken on additional passengers for the return trip to Boston. Two of these passengers

Page 79

were one Bentley and one Rumbos. Their arrival was noticed by Patrolman Sanden, one of the police officers on board, for their demeanor indicated to the officer that they were likely to be sources of trouble. These two passengers went forthwith to the saloon deck and its bar. Soon they were drunk: staggering in their movements, slurred of speech, incoherent, belligerent, and abusive. A bartender refused to serve them.

Mrs. O'Brien was near by. When Bentley and Rumbos made obscene and insulting remarks about her, O'Brien came to her rescue, to be met by a blow from Bentley as he approached. O'Brien grappled with Bentley, Rumbos joined in, and three or four others stepped in to separate the combatants. Two police officers arrived and, upon investigation, were told by a bartender that Bentley and Rumbos were the troublemakers and that he wanted them ejected. The plaintiff and his wife took no part in the melee, and did not see the blow struck.

The officers took Bentley and Rumbos by the backs of their coat collars and forcibly escorted them to an upper deck. They struggled, but despite their resistance they were led out on the starboard quarter toward the stern of the vessel and were seated upon long benches there. For five or ten minutes they remonstrated and struggled with the officers against being seated. Finally they were told that if they...

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25 practice notes
  • Worcester Ins. Co. v. Fells Acres Day School, Inc.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 22, 1990
    ...employment, but also for the wrongs of strangers, if they are inflicted on a person in its care. Quigley v. Wilson Line of Mass., Inc., 338 Mass. 125, 128, 154 N.E.2d 77 (1958). The tort plaintiffs in this case argue that we should hold Fells Acres to the standard of care to which common ca......
  • Irwin v. Town of Ware
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 15, 1984
    ...of Worcester, Inc., 355 Mass. 450, 452, 245 N.E.2d 420 (1969) (restaurateur has duty to patron); Quigley v. Wilson Line of Mass., Inc., 338 Mass. 125, 129-130, 154 N.E.2d 77 (1958) (common carrier has duty to protect passengers); Rawson v. Massachusetts Operating Co., 328 Mass. 558, 560, 10......
  • Clohesy v. Food Circus Supermarkets, Inc.
    • United States
    • United States State Supreme Court (New Jersey)
    • June 26, 1997
    ...(App. Div. 1962); cf. Neering v. Illinois Central R.R. Co., 383 Ill. 366, 50 N.E.2d 497 (1943); Quigley v. Wilson Line of Massachusetts, 338 Mass. 125, 154 N.E.2d 77, 77 A.L.R.2d 499 (1958); Lillie v. Thompson 332 U.S. 459, 68 S.Ct. 140, 92 L. Ed. 73 (1947); McLeod v. Grant County School Di......
  • Goldberg v. Housing Authority of City of Newark, No. A--3
    • United States
    • New Jersey Supreme Court
    • December 3, 1962
    ...was the sufficiency of guards to deal with that regular phenomenon of defendant's business. In quigley v. Wilson Line of Massachusetts, 338 Mass. 125, 154 N.E.2d 77, 77 A.L.R.2d 499 (Sup.Jud.Ct.1958), plaintiff, a passenger on a vessel, was injured by the unprovoked assault of a drunken pas......
  • Request a trial to view additional results
25 cases
  • Worcester Ins. Co. v. Fells Acres Day School, Inc.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 22, 1990
    ...employment, but also for the wrongs of strangers, if they are inflicted on a person in its care. Quigley v. Wilson Line of Mass., Inc., 338 Mass. 125, 128, 154 N.E.2d 77 (1958). The tort plaintiffs in this case argue that we should hold Fells Acres to the standard of care to which common ca......
  • Irwin v. Town of Ware
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 15, 1984
    ...of Worcester, Inc., 355 Mass. 450, 452, 245 N.E.2d 420 (1969) (restaurateur has duty to patron); Quigley v. Wilson Line of Mass., Inc., 338 Mass. 125, 129-130, 154 N.E.2d 77 (1958) (common carrier has duty to protect passengers); Rawson v. Massachusetts Operating Co., 328 Mass. 558, 560, 10......
  • Clohesy v. Food Circus Supermarkets, Inc.
    • United States
    • United States State Supreme Court (New Jersey)
    • June 26, 1997
    ...(App. Div. 1962); cf. Neering v. Illinois Central R.R. Co., 383 Ill. 366, 50 N.E.2d 497 (1943); Quigley v. Wilson Line of Massachusetts, 338 Mass. 125, 154 N.E.2d 77, 77 A.L.R.2d 499 (1958); Lillie v. Thompson 332 U.S. 459, 68 S.Ct. 140, 92 L. Ed. 73 (1947); McLeod v. Grant County School Di......
  • Goldberg v. Housing Authority of City of Newark, No. A--3
    • United States
    • New Jersey Supreme Court
    • December 3, 1962
    ...was the sufficiency of guards to deal with that regular phenomenon of defendant's business. In quigley v. Wilson Line of Massachusetts, 338 Mass. 125, 154 N.E.2d 77, 77 A.L.R.2d 499 (Sup.Jud.Ct.1958), plaintiff, a passenger on a vessel, was injured by the unprovoked assault of a drunken pas......
  • Request a trial to view additional results

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