G., C. & S. F. R'y Co. v. McGown

Citations

• 65 Tex. 640
• 1886 Tex. LEXIS 722

Syllabus

<p>1. Railroads—Passengers—Free pass—One who has received from a railway company a pass with conditions thereon, and who has used it to procure free passage, must be held to have consented to its conditions, as fully as though he had signed the pass.</p> <p>2. Same—Common carriers of passengers—Negligence—Liability cannot be limited by contract—Free passengers—A common carrie'r of passengers cannot by contract relieve itself from responsibility, or even limit its liability, for injuries to a passenger resulting from the negligence of itself or its employes, or-agents, in the scope of their employment; and this is so with reference as well to passengers traveling free of charge as to those paying full fare.</p> <p>3. Same—The liability of the carrier of passengers does not depend on the fact that compensation for the passenger has been paid to it, but the same degree of care is incumbent on the carrier in the case of a passenger traveling on a free pass as in the case of one paying full fare.</p> <p>4. Same—Carriers of passengers — Corporations—Negligence of agent—The negligence of the agent, of whatsoever grade, of a corporation pursuing the business of a common carrier, is, as to matters within the scope of the employment, with reference to passengers, the negligence of the corporation itself, and fixes a liability which the carrier cannot avoid or limit by contract.</p>