Legal Opinion

Chicago, Rock Island & Pacific Railway Co. v. Maucher

Supreme Court of the United States

Decided January 7, 1919No. 85PublishedCited by 40 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA. The case is stated in the opinion. Under these contracts, cars of the circus company loaded with paraphernalia, an extensive menagerie of wild animals, tents, equipment, horses, wagons, performers and employees, all comprising the circus outfit, were moved over the lines of the plaintiff in error in interstate commerce.

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ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA. The case is stated in the opinion. Under these contracts, cars of the circus company loaded with paraphernalia, an extensive menagerie of wild animals, tents, equipment, horses, wagons, performers and employees, all comprising the circus outfit, were moved over the lines of the plaintiff in error in interstate commerce. The contracts fixed the rights and liabilities of the parties with respect to the shipment and transportation. This court has repeatedly held that the power of railroad companies to contract with respect to their liability…

1Opinion of the Court

Mr. Justice. Brandéis

delivered the opinion of the court.

Barnum & Bailey, who owned rolling stock adapted to carrying their circus equipment and personnel, made, in 1913, a special contract with the Chicago, Rock Island & Pacific Railway Company concerning transportation on its lines. The railway agreed for a sum fixed, to give the right to use its tracks and locomotives fully manned and supplied, to haul the circus trains. Barnum & Bailey agreed, among other things, that the railway was not acting therein as a common carrier; that it should not be liable for any injury, though arising from…

2Cases cited5 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
  3. Santa Fe, Prescott & Phœnix Railway Co. v. Grant Bros. Construction Co.Supreme Court of the United States · 1913
  4. Pennsylvania R. Co. v. HughesSupreme Court of the United States · 1903
  5. Southern Pacific Co. v. SchuylerSupreme Court of the United States · 1913

3Cited by40 opinions

  1. Donnelly v. Southern Pacific Co.California Supreme Court · 1941
  2. Gooch v. Oregon Short Line RailroadSupreme Court of the United States · 1922
  3. Davis v. CornwellSupreme Court of the United States · 1924
  4. Calveston, Harrisburg & San Antonio Railway Co. v. WoodburySupreme Court of the United States · 1920
  5. New York Central Railroad v. MohneySupreme Court of the United States · 1920

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