Smith v. . the New York Central Railroad Company
New York Court of Appeals
■ Appeal from, the Supreme Court. Action, under- the statute of 1847, for- damages from the negligent killing of the plaintiff’s intestate, while a passenger on the defendant’s-railroad. On the trial, these facts- appeared: The deceased made a written contract- with the defendant for the transportation, from Buffalo to Albany, of two car-loads of hogs,; for $87 per car.
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■ Appeal from, the Supreme Court. Action, under- the statute of 1847, for- damages from the negligent killing of the plaintiff’s intestate, while a passenger on the defendant’s-railroad. On the trial, these facts- appeared: The deceased made a written contract- with the defendant for the transportation, from Buffalo to Albany, of two car-loads of hogs,; for $87 per car. The contract recited that they were carried at a reduced rate, in consideration of the- owner’s- assuming-certain 'specified risks in respect to the safety- of the hogs-during the transit It contained this clause: “It is…
1Opinion of the CourtWright, J.
It is no longer an unsettled question in this State that a common carrier of property may, by special agreement, restrict his common-law liability. (Dorr v. Steam Navigation Company, 1 Kern., 485, and cases cited.) There are no controlling considerations of public policy against permitting such carrier to limit the liability which the law imposes on him, by express agreement with the owner of the property; and as the public interests are not to be affected, there can be no valid objection to the parties changing their relation in a particular transaction, by special agreement, so that the…
2Cases cited1 opinion
- Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
3Cited by31 opinions
- Murrary v. . Cunard Steamship Co.New York Court of Appeals · 1923
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Jacobus v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1873
- Chicago, Rock Island & Pacific Railway Co. v. HamlerIllinois Supreme Court · 1905
- Annas v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1886
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