Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Kinney

Citations

• 95 Ohio St. (N.S.) 64

Syllabus

<p>Contracts — Public welfare and public policy — Employer and employe — Release from liability for negligence — Effect of assignment of contract.</p> <p>1. Liberty of contract is not an absolute and unlimited right, but upon the contrary is always subservient to the public welfare.</p> <p>2. The public welfare is safeguarded not only by constitutions, statutes and judicial decisions, but by sound and substantial public policies underlying all of them.</p> <p>3. A contract between an employer and an employe, which nullifies or lessens any legal duty that the employer owes to the employe relative to safeguarding the life, limb, safety, health or welfare of the latter, is contrary to public policy, and, therefore, null and void. Such void contract between employer and employe is not validated by any subsequent assignment, whereby the assignee is relieved or acquitted from liability for any or all negligent acts causing death or any personal injury to said employe, though with full knowledge of all the facts to all the parties.</p> <p>4. Mary Kinney, a car cleaner, entered into a contract of employment in writing with the Pullman Company, in which contract it was provided, among other things, that Mary Kinney, in consideration of her employment and wages therefor by the Pullman Company, would assume all risks of accident or casualty incident to such employment and would release the Pullman Company from all liability therefor. Said contract further recited that the Pullman Company had a contract of carriage with the railway company, whereby the Pullman Company had promised and agreed to protect the defendant railway company from any and all liability arising out of the negligence of the defendant railway company, or its employes, in causing death or injuries to any of the employes of the Pullman Company. Said contract between Mary Kinney and the Pullman Company recited the substantial terms of such release in the contract between the railway company and the Pullman Comp