Baltimore & Ohio Southwestern Railway Co. v. Voigt
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The following statement and question were certified to this court by the Judges of the Circuit Court of Appeals for the Sixth Circuit: “ This was an action brought by William Voigt, the defendant in error, against the Baltimore and Ohio Southwestern Bailway Company, the plaintiff in error, to recover for damages sustained by him in consequence of a collision between two trains of the plaintiff in error,…
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The following statement and question were certified to this court by the Judges of the Circuit Court of Appeals for the Sixth Circuit: “ This was an action brought by William Voigt, the defendant in error, against the Baltimore and Ohio Southwestern Bailway Company, the plaintiff in error, to recover for damages sustained by him in consequence of a collision between two trains of the plaintiff in error, upon one of which, a fast passenger train, he was riding at the time of the accident. He was an express messenger riding in…
1Opinion of the CourtJustice Shiras
The question we are asked to answer is, whether William Yoigt, the defendant in error, can avoid his agreement that the railroad company should not be responsible to him for injuries received while occupying an express car as a messenger, in the manner and circumstances, heretofore stated, by *505invoking that principle of public policy which has been held' to forbid a common carrier of passengers for hire to contract against responsibility for negligence ?
The Circuit Judge thought the case could not be distinguished from the case of Railroad Co. v. Lockwood, 17 Wall. 357, where a recovery was…
2Cases cited12 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- St. Louis, Iron Mountain & Southern Railway Co. v. Southern Express Co.Supreme Court of the United States · 1886
- Railway Co. v. StevensSupreme Court of the United States · 1878
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3Cited by280 opinions
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- Wells Fargo & Co. v. TaylorSupreme Court of the United States · 1920
- Weil v. NearySupreme Court of the United States · 1929
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