Wells v. . the New York Central Railroad Company
New York Court of Appeals
Appeal from, the Supreme Court. Action to recover damages for injuries sustained by the plaintiff, a passenger upon the defendant’s road, from a collision between the train in which he was riding and a freight train carelessly left standing upon the track in the night time.
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Appeal from, the Supreme Court. Action to recover damages for injuries sustained by the plaintiff, a passenger upon the defendant’s road, from a collision between the train in which he was riding and a freight train carelessly left standing upon the track in the night time. The plaintiff paid no fare, but was carried under a free ticket, on which were printed the following words: “The person accepting this free ticket assumes all risks of accidents, and expressly agrees that the company shall not be liable under any circumstances, whether of negligence of their agents or otherwise, for any…
1Opinion of the CourtGould, J.
There being made some question whether the indorsement on the ticket (“the person accepting this free ticket assumes all risks',' &c., and expressly agrees" &e.) is a contract, on the part of the passenger, with the company; it seems necessary to say that the word “agreed” means the concurrence of two parties; and that the act of acceptance binds the acceptor as fully as his hand and seal would. (Co. Litt., § 217, note; 5 Hill, 258, 259; 1 Seld., 229; 27 Barb., 140; and cases there cited.) The point is too well settled to admit of debate.
The true questions in the case arise upon the legality…
2Cases cited1 opinion
- Van Rensselaer v. SmithNew York Supreme Court · 1858
3Cited by37 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Jacobus v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1873
- Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
- Quimby v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- G., C. & S. F. R'y Co. v. McGownTexas Supreme Court · 1886
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