Hazard v. Chicago, B. & Q. R.
U.S. Circuit Court for the Northern District of Illnois
The plaintiff [E. W. Hazard], on the 29th of June, 1860, was at Kewanee, a station on defendant’s railway, and purchased a passage ticket for Galesburg, where he then resided, and took passage in a freight train, which had, what is termed, a way or caboose car attached. The train consisted of twelve to ‘fifteen cars. The way car was in mqst respects like a freight car, with doors on each side. It had also a door at each end, and a platform with steps.
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The plaintiff [E. W. Hazard], on the 29th of June, 1860, was at Kewanee, a station on defendant’s railway, and purchased a passage ticket for Galesburg, where he then resided, and took passage in a freight train, which had, what is termed, a way or caboose car attached. The train consisted of twelve to ‘fifteen cars. The way car was in mqst respects like a freight car, with doors on each side. It had also a door at each end, and a platform with steps. Por this platform there was a railing, but on the rear platform there was no chain or bar extending across, so that there was an open space in…
1Opinion of the CourtDavis, Circuit Justice
(charging jury). We think a railway company, when it takes passengers as such on its freight trains is under the same obligation to carry them safely as if they were on the regular passenger trains — but, of course, the passenger taking the freight train accepts it and travels on .it, acquiescing in all the usual incidents and conduct of a freight train managed by prudent and competent men — no more and no less. And we consider it immaterial whether the company carries more or less passengers in its freight trains, and whether or not the passenger travels on a special permit op a regular…
2Cases cited3 opinions
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- Galena & Chicago Union Railroad v. JacobsIllinois Supreme Court · 1858
- Dunn v. Grand Trunk Railway Co. of CanadaSupreme Judicial Court of Maine · 1870
3Cited by3 opinions
- Ohio & Mississippi R. W. Co. v. DickersonIndiana Supreme Court · 1877
- Rosenbaum v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1888
- Hall v. Memphis & Charleston R.District Court, W.D. Tennessee · 1882