St. Louis, Iron Mountain & Southern Railway Co. v. Pitcock
Supreme Court of Arkansas
Appeal from Franklin Circuit Court; Jeptha H. Evans, Judge; The clause printed on the ticket that “the person or persons accepting this pass assumes all risks of accidents and damages without claim upon the company” presents the only question for decision in this case. Appellee was charged with notice of' this condition.
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Appeal from Franklin Circuit Court; Jeptha H. Evans, Judge; The clause printed on the ticket that “the person or persons accepting this pass assumes all risks of accidents and damages without claim upon the company” presents the only question for decision in this case. Appellee was charged with notice of' this condition. He had the option to pay for his transportation and have appellant to insure his safe carriage to his destination, or to accept the benefit of free carriage and himself assume the liability. Having accepted free passage, appellant was not as to him a carrier for hire. He is…
1Opinion of the CourtWood, J.
The conceded facts are that appellee was riding upon appellant’s passenger train from Little Rock to Alma, Arkansas; that while so -riding he was injured through the negligence of appellant, and that the amount of the damages as found by the jury was not excessive. Appellee did not pay any fare for transportation, but accepted from appellant a free pass, which was indorsed as follows: “The person or persons accepting this pass assumes all risk of accidents and damages without claim upon company.” He accepted transportation on this pass, with full knowledge of the above indorsement, preferring…
2Cases cited11 opinions
- Jacobus v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1873
- Benziger v. United StatesSupreme Court of the United States · 1904
- Little Rock & Fort Smith Ry. Co. v. EubanksSupreme Court of Arkansas · 1886
- L. R. & F. S. R. R. v. PayneSupreme Court of Arkansas · 1878
- Louisville, New Albany & Chicago Railway Co. v. FaylorIndiana Supreme Court · 1890
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3Cited by7 opinions
- Charleston & Western Carolina Railway Co. v. ThompsonCourt of Appeals of Georgia · 1913
- Memphis, Dallas & Gulf Railroad v. SteelSupreme Court of Arkansas · 1913
- Kansas City Southern Ry. Co. v. WillsieCourt of Appeals for the Eighth Circuit · 1915
- Dodson v. Clark County Lumber Co.Supreme Court of Arkansas · 1916
- Missouri Pac. R.R., Thompson, Trustee v. BlackmanSupreme Court of Arkansas · 1939
2 more not listed; retrieve them via the Exa API.