Duncan v. Maine Cent. R.

PUTNAM, Circuit Judge.

This case comes before us on the general issue, accompanied with a brief statement of special matter of defense, as provided in the practice acts of Maine, followed by a demurrer by the plaintiff to the special matter.

The plaintiff was injured in a collision occasioned by the fault of the defendant’s servants, and without corporate fault on the part of the defendant itself. At the time of the collision the plaintiff was journeying on the defendant’s train on a free pass given him by the defendant at his own solicitation and request, without compensation, and accepted and…