Long v. Lehigh Valley R. Co.

Citations

• 130 F. 870
• 65 C.C.A. 354
• 1904 U.S. App. LEXIS 4238

Syllabus

<p>l. Carriers — Injury of Express Messengers — Contract Limiting Liability.</p> <p>An express messenger while riding in a railway car in the performance of the duties of his employment is not a passenger, nor does the railroad company occupy the relation of common carrier toward him, but of a private carrier only, and there is no public policy which forbids the parties from contracting for its exemption from liability for negligence in the carrying of such messenger; and a contract with the express company by which the messenger, as a condition of his employment, assumes all risk of injury while so riding, and one between the express and railroad companies by which the former agrees to hold the latter indemnified against claims for injuries to its employés, whether arising from negligence or otherwise, are valid and effective to prevent a messenger injured in collision due to the negligence of railroad employés from recovering therefor against the railroad company.</p> <p>1fl. Limitation of liability for Injury to passengers, see note to Clark v. Geer, 32 C. C. A. 301.</p> <p>2. Same — Consteuction of Contbact of Employment.</p> <p>A contract by which an express messenger, as a condition of his employment, assumes all risk of personal injury while riding on any transportation line, and agrees to release and indemnify the company or any transportation company with which it may contract from any claim which might be made on account of any such injury, must be construed to apply to an injury resulting from negligence of a railroad company in whose car he is riding in the course of his employment, since, not being a passenger while so riding, no claim could be made against the company except on the ground of negligence.</p> <p>3. Same,</p> <p>An express messenger riding in a railway car in the discharge of the duties of his employment is chargeable with notice of the contract undei which he is being transported by the railroad company.</p>