Philadelphia & Reading Railroad v. Derby
Supreme Court of the United States
■ • This case was brought up, by writ of error, from the Circuit Court of the United States for the Eastern District of Pennsylvania.
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■ • This case was brought up, by writ of error, from the Circuit Court of the United States for the Eastern District of Pennsylvania. It was an action on'the case brought by Derby, for an injury suffered upon the railroad of the plaintiff in error. . The declaration, in ten counts, was, in substance, that on the 15th day of June, 1848, the defendants, being the owners of the railroad, and of a certain car engine' called the Ariel, received the plaintiff into the said car, to be safely carried therein, upon, and over the said railroad, whereby it-became, the duty of the defendants to use…
1Opinion of the CourtJustice Grier
This action was brought by Derby, - the plaintiff below, to recover damages for an injury suffered on the railroad of the plaintiffs in error. The peculiar facts of the case, involving the .questions of law presented for our consideration, are these: "■
The plaintiff below was himself the president of another railroad company, and a stockholder in this. . He was on the road of defendants by invitation of the president of the company, not in the usual passenger cars, but in a small" locomotive car used for the convenience of the officers of the company, and paid no fare for his transportation.…
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