Crary v. Lehigh Valley Railroad

Citations

• 203 Pa. 525
• 53 A. 363
• 1902 Pa. LEXIS 755

Syllabus

<p>Negligence — Carrier of passengers — Reduced rate ticket — Assumption by passenger of risk — Presumption.</p> <p>Where a passenger buys and accepts from a railroad company a ticket at a reduced rate, on which ticket is the indorsement plainly stamped: “ The person accepting and using this ticket thereby assumes all risk of accident and damage to person or property,” the passenger thereby agrees by the acceptance of the ticket to waive the common-law rule making the carrier an insurer of his safety, and he cannot avail himself in case of injury of the presumption of negligence which arises in favor of the passenger, where there has been an injury in the means of transportation. In such a case the passenger must affirmatively prove negligence on the part of the carrier. This rule, however, does not apply to cases where the only inference to be drawn from the accident itself is that the carrier had been negligent.</p>