Freihofer Baking Co. v. Payne

Citations

• 77 Pa. Super. 570
• 1921 Pa. Super. LEXIS 319

Syllabus

<p>Railroads — Ferry companies operated by railroads — Act of February If, 1887, clOJf, Blf Stat. 879 (Interstate Commerce Act) — Free transportation.</p> <p>The term railroad as used in the Interstate Commerce Act includes all bridges or ferrieg used or operated in connection with any railroad. It is therefore unlawful for any person other than, those of the excepted classes to use in interstate commerce any free ticket, free pass, or free transportation for the purpose of riding on a ferry boat operated by a railroad company.</p> <p>Common, carriers — Negligence—Injury to property of persons unlawfully riding on a pass.</p> <p>Persons who are prohibited under the Interstate Commerce Act from receiving passes from a common carrier, do not occupy the position of passengers, while riding on a pass, which under the law, they were forbidden to use.</p> <p>Where the property of such persons riding on unlawful passes is damaged, while in the course o£ transportation on the ferry boat of a common carrier, there can be no recovery.</p> <p>Common carriers — Ferry boats — Automobile left oñ boat without attendant — Contributory negligence.</p> <p>Where a motor truck was left unguarded during the passage of a ferry boat, and by reason of some jar' to the boat was set in motion and injured, by going over the end of the boat, the chauffeur was guilty of contributory negligence in not properly caring for his machine, and there can be no recovery.</p> <p>A passenger on a train or a ferry boat is obliged to exercise some reasonable care himself over his personal property which he brings upon the train or the boat. To hold otherwise would be at once to shift to the carrier all the responsibilities of the ownership of personal property, of which the owner still retained to a large extent, the possession and control.</p>