Barnet v. Pullman Co.

I am constrained, under the decided cases, to grant the motion.

My reasons are that a passenger on a railroad train, whether in a Pullman car or in an ordinary coach, may not claim the protection of the hotelkeeper’s or the innkeeper’s liability, under common law or as modified by statute. The liability, under the cases that you have cited in your brief for the plaintiff, are all common carrier cases, wherein there is an insurer’s liability under the statute. In those cases defendants’ liability is more -than a liability for negligence: They are insurers of the safety of the article, subject…