Arnold v. Illinois Central Railroad

Citations

• 83 Ill. 273

Syllabus

<p>1. Carrier—limiting liability by contract. The doctrine is settled in this court that railroad companies may, by contract, exempt themselves from liability on account of the negligence of their servants, other than that which is gross or wilful.</p> <p>2. Consideration—of contract exempting from liability. As a railway company, having passenger trains sufficient to accommodate the pub-lie, is under no legal obligation to carry a passenger on its freight trains, its undertaking to do so, and the extra care and expense required in such case, form a sufficient consideration for a contract made with a passenger restricting and limiting its liability; but the same terms must be extended to, and applied to, all persons desiring to ride on such trains.</p> <p>3. Railroads—not bound to carry passengers on freight trains. The law imposes no obligation on railroad companies to carry passengers on freight trains, nor freight on passenger trains. It only requires them to carry both, leaving them to regulate the manner in which it shall be done.</p>