Legal Opinion

Railway Co. v. Stevens

Supreme Court of the United States

Decided January 18, 1878No. 134PublishedCited by 69 opinions

Error to the Circuit Court of the United States for the District of Maine. This Avas an action on the case for negligence, brought against the Grand Trunk Railway of Canada, to recover damages for injuries’ received by Stevens whilst a passenger in its cars.

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Error to the Circuit Court of the United States for the District of Maine. This Avas an action on the case for negligence, brought against the Grand Trunk Railway of Canada, to recover damages for injuries’ received by Stevens whilst a passenger in its cars. The plaintiff, being owner of a patented car-coupling, was negotiating with the defendant, at Portland, Me., for its adoption and use by the latter, and was requested by the defendant to go to Montreal to see the superintendent of its car department in relation to the matter, the defendant offering to pay his expenses. The plaintiff…

1Opinion of the CourtJustice Bradley

It is evident that the court below regarded this case as one of' carriage/.for hire, and not as one of gratuitous carriage/ and' that no sufficient evidence to go to the jury was -adduced to show the contrary;' and, hence, that under the ruling of this court in Railroad Company v. Lockwood, 17 Wall. 357, it was a case in which the defendant, as a common carrier' of passengers,- could not lawfully stipulate for exemption from liability for the negligence -of its servants. In taking this view, we think the court was correct. The transportation of the plaintiff iñ the defendant’s cars,.though…

2Cases cited1 opinion

  1. Railroad Co. v. LockwoodSupreme Court of the United States · 1873

3Cited by69 opinions

  1. Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
  2. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
  3. Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
  4. Northern Pacific R. Co. v. AdamsSupreme Court of the United States · 1904
  5. Northern Pacific Railway Company v. AdamsSupreme Court of the United States · 1904

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