Clark v. Colorado & N. W. R.

Citations

• 165 F. 408
• 19 L.R.A.N.S. 988
• 1908 U.S. App. LEXIS 4768

Syllabus

<p>1. Carriers (§ 244*) — Wno are Passengers —Invitation' op Carrier’s Employes .</p> <p>Neither the master mechanic of a railroad nor a conductor, nor an engineer of a train, has any implied authority to agree on behalf of the company to carry a person on such train without payment of fare.</p> <p>[Ed. Note. — For other cases, see Carriers, Cent. Dig. § 1115; Dee. Dig. § 244.*]</p> <p>2. Railroads (§ 270*) — Injuries to Persons on Trains — Persons Riding at Invitation op Emkloyés — Riding on Engine.</p> <p>One who accepted an invitation from the master mechanic of a railroad and a conductor and an engineer of a train to ride in the cab of an engine without payment of fare is presumed to have known that such invitation was without authority, and not only rdid not become a passenger, to whom the carrier owed the duty of care as such, but assumed all of the known hazards incident to such exposed position; and there can be no recovery from the company for his injury or death, due to such dangerous position, unless caused by the wanton or reckless act of its servants.</p> <p>[Ed. Note. — Eor other cases, see Railroads, Cent. Dig. § 884; Dee. Dig. § 270.*]</p>