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

Citations

• 248 U.S. 359
• 39 S. Ct. 108
• 63 L. Ed. 294
• 1919 U.S. LEXIS 2320

Syllabus

<p>The freedom of the States to establish and apply their own laws and policies touching the validity of contracts exempting carriers from liability to passengers for injuries due to negligence, was not affected by the Carmack Amendment, which deals only with shipments of property. P. 363.</p> <p>An employee of a circus was injured7by the negligent operation of a passenger train of a railroad company while traveling upon a train owned by the circus, which was being hauled over the tracks of the railroad company by its locomotive and crew pursuant to a special contract declaring the company not a common carrier therein and not liable for negligence. Held,- that the employee was not a passenger of the railroad company, and that his cause of action was based on the general right not to be injured by the negligence of another. Id.</p>