Jacobus v. St. Paul & Chicago Railway Co.
Supreme Court of Minnesota
Tbe plaintiff brought this action to recover damages for personal injury sustained while traveling as a passenger upon defendant’s railroad, occasioned, as is alleged, by the negli- ■ gence of the defendant.
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Tbe plaintiff brought this action to recover damages for personal injury sustained while traveling as a passenger upon defendant’s railroad, occasioned, as is alleged, by the negli- ■ gence of the defendant. The defenses were, that the plaintiff was traveling upon a free pass or ticket, issued to him without consideration, by accepting which he assumed all risks of accident; that contrary to the regulations of the defendant, well known to plaintiff, he was riding in a baggage car, when the accident occurred ; that plaintiff’s own negligence contributed to the injury, without any negligence of…
1Opinion of the Court
By the Court.
Berry, J.
The plaintiff brings this action to recover damages for injuries occasioned to his person by the alleged gross negligence of defendant’s servants in charge of defendant’s railway train, upon which plaintiff was traveling. Plaintiff was riding upon a free pass, which, together with.the conditions endorsed, is in these words, viz.:
*128“ St. Paul & Chicago Railway.
“ Pass D. Jacobus upon the conditions endorsed hereon, until Dec. 31st, 1871, unless otherwise ordered. Not transferable. D. C. Shepard,
Ohf. Eng. and Supt.”
“ CONDITIONS.
“ The person who accepts and uses this free…
2Cases cited12 opinions
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Bissell v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
- Illinois Central Railroad v. ReadIllinois Supreme Court · 1865
- Wells v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
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3Cited by53 opinions
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
- Florida Southern Railway Co. v. HirstSupreme Court of Florida · 1892
- G., C. & S. F. R'y Co. v. McGownTexas Supreme Court · 1886
- Union Pac. Ry. Co. v. CallaghanCourt of Appeals for the Eighth Circuit · 1893
- Griswold v. New York & New England RailroadSupreme Court of Connecticut · 1885
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