Legal Opinion

Railroad Co. v. Lockwood

Supreme Court of the United States

Decided October 20, 1873PublishedCited by 493 opinions

Error to the Circuit Court for the Southern District of New York; the ease being thus: Lockwood, a drover, was iujured whilst travelling on a stock train, of the New York Central Railroad Company, proceeding from Buffalo to Albany, and brought this suit to recover damages for the injury.

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Error to the Circuit Court for the Southern District of New York; the ease being thus: Lockwood, a drover, was iujured whilst travelling on a stock train, of the New York Central Railroad Company, proceeding from Buffalo to Albany, and brought this suit to recover damages for the injury. He had cattle in the train, and had been required, at Buffalo, to sign an agreement to attend to the loading, transporting, and unloading of them, and to take all risk of injury to them and of personal injury to himself, or to whomsoever went with the cattle; and he received what is called a drover’s pass;…

1Opinion of the CourtJustice Bradley

It may be assumed in limine, that the case was one of carriage for hire; for though the pass certifies that the plaintiff was entitled to pass free, yet his passage was one of the mutual terms of the arrangement for carrying his cattle. The question is, therefore, distinctly raised, whether a railroad company carrying passengers for hire, can lawfully stipulate not to be answerable for their own or their servants’ negligence in reference to such carriage.

As the duties and responsibilities of public carriers were prescribed by public policy, it has been seriously doubted whether the courts did…

2Cases cited3 opinions

  1. Cole v. Goodwin & StoryNew York Supreme Court · 1838
  2. Baltimore & Ohio Railroad v. BradyCourt of Appeals of Maryland · 1870
  3. Orndorff & Co. v. Adams Express Co.Court of Appeals of Kentucky · 1867

3Cited by493 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  3. Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
  4. Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
  5. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884

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