Railroad Co. v. Lockwood

Citations

• 84 U.S. 357
• 21 L. Ed. 627
• 17 Wall. 357
• 1873 U.S. LEXIS 1373

Syllabus

<p>1. A common carrier cannot lawfully stipulate for exemption from responsibility when such exemption is not just and reasonable in the eye of the law.</p> <p>2. It is not just and reasonable in the eye of the law for a common carrier to stipulate for exemption from responsibility for the negligence of himself or his servants.</p> <p>3. These rules apply both to common carriers of goods and common carriers of passengers, and. with especial force to the latter.</p> <p>4. They apply to the case of a drover travelling on a stock train to look after his cattle, and having a free pass for that purpose.</p> <p>5. Query: Whether the same rules would apply to a strictly free passenger.</p> <p>6. Held, arguendo: That a common carrier does not drop his character as such merely by entering into a contract for limiting his responsibility.</p> <p>' 7. That carefulness and fidelity are essential duties of his employment which cannot be, abdicated.</p> <p>8. That these duties are as essential to the public security in his servants as in himself.</p> <p>9. That a failure to fulfil these duties is “negligence,” the distinction between “gross” and “ordinary” negligence being unnecessary.</p>