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Spade v. Lynn & Boston Railroad Co.
Massachusetts Supreme Judicial Court
47 N.E. 88 (1897)
- Written by Kheana Pollard, JD
Facts
Margaret Spade (plaintiff) was a riding a train owned and operated by Lynn & Boston Railroad Co. (Lynn & Boston) (defendant). An intoxicated man situated himself next to Spade and became belligerent. The conductor threatened to throw the man off the train. After words were exchanged, a physical altercation ensued between the intoxicated man, the conductor, and a third man. The conductor caused the intoxicated man to be pushed into Spade. Spade suffered no physical marks or injuries but became frozen with fright and could not move. Spade brought suit against Lynn & Boston. The trial court found in favor of Spade. Lynn & Boston appealed.
Rule of Law
Issue
Holding and Reasoning (Allen, J.)
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