Boyer v. Atchison, Topeka & Santa Fe Railway Co.

Plaintiff appeals from a judgment on the pleadings. On January 5, 1959, he was traveling as a passenger on defendant’s train enroute from Chicago to Los Angeles. He was an employee of another railroad and was riding on this train by virtue of an interstate pass given to him as a courtesy by defendant. The pass, which he signed, stated that he assumed “all risk of damage to person ... in any circumstances, whether caused by negligence of agents or otherwise.” Near Raton, New Mexico, while the train was in motion, the draft gear, a part of the coupling apparatus, broke, due to its defective and…