Bissell v. New York Central Railroad
New York Court of Appeals
Appeal from the Supreme Court. The plaintiff sued as administratrix for the negligent killing of her husband while a passenger on the defendant’s railroad.
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Appeal from the Supreme Court. The plaintiff sued as administratrix for the negligent killing of her husband while a passenger on the defendant’s railroad. Bissell, the decedent, made in the name of his firm, Taylor & Bissell, a written contract with the defendant, at Buffalo, which recited that, in consideration that the defendant would transport certain stock, at what the contract styled the reduced rate of $70 per car-load, the freighters agreed to take upon themselves the risk of injuries the cattle might receive by escaping, maiming themselves, and other risks therein enumerated. Taylor…
1Opinion of the CourtGould, J.
It is fully conceded that, in this court, there is no question that the contract for carrying the cattle at reduced rates, in consideration that the owner assume certain risks as to them, is a valid contract. And this court (Wells v. N. Y. C. R. R. Co., and Perkins v. Same), has this year decided that a contract by a passenger, to take the risk of injury to his person in consideration of riding free, is a valid contract.
In the case before us, the ticket upon which the deceased was riding is a free ticket, a pass without paying. And in consideration thereof, the passenger assumed all risks,…
2Cases cited4 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Wells v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
- Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
3Cited by1 opinion
- Wilson v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890