Boering v. Chesapeake Beach Railway Co.
Supreme Court of the United States
ERROR TO THE COURT OP APPEALS OP THE DISTRICT OP COLUMBIA. The facts in this case involved the right of the plaintiffs who were husband and wife to recover for injuries sustained by the wife while riding upon a pass which contained a stipulation, relieving the carrier from responsibility for injuries whether caused by negligence of company’s agents or otherwise, and are stated At length in the opinion of the court.
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ERROR TO THE COURT OP APPEALS OP THE DISTRICT OP COLUMBIA. The facts in this case involved the right of the plaintiffs who were husband and wife to recover for injuries sustained by the wife while riding upon a pass which contained a stipulation, relieving the carrier from responsibility for injuries whether caused by negligence of company’s agents or otherwise, and are stated At length in the opinion of the court. A public carrier may not limit its common law liability for negligence to passengers by special agreement. This rule, founded on public policy, operates no less for the protection…
1Opinion of the Court
Mr. Justice- Brewer
delivered the opinion of the court.
This was an action brought in the Supreme Court of the District of Columbia to recover damages for personal injuries sustained by Mrs. Boering while riding in one of the coaches of the defendant, and caused, as alleged, by the negligence of the company. Her husband was joined with her as plaintiff, but no personal injury to him was alleged. . The defence was.that she was riding upqn a free pass, which contained the following stipulation: “The person accepting and using this pass thereby assumes all risk of accident and damage to person and…
2Cases cited1 opinion
- Northern Pacific Railway Company v. AdamsSupreme Court of the United States · 1904
3Cited by61 opinions
- Francis v. Southern Pacific Co.Supreme Court of the United States · 1948
- Donnelly v. Southern Pacific Co.California Supreme Court · 1941
- Charleston & Western Carolina Railway Co. v. ThompsonSupreme Court of the United States · 1914
- Conklin v. Canadian-Colonial Airways, Inc.New York Court of Appeals · 1935
- Kansas City Southern Railway Co. v. Van ZantSupreme Court of the United States · 1923
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