Warfield v. Western & A. R.

Citations

• 187 F. 203
• 1911 U.S. App. LEXIS 5390

Syllabus

<p>Ratdroads (§ 138*) — Traffic Contracts — Con,struotjon.</p> <p>By a contract between two railroad companies, the first granted to the second, a belt line company, the right to two its terminal tracks and station at Atlanta, and agreed to store and dean its passenger engines and coaches and those used by it belonging to a third railroad company named, while laying oyer at Atlanta, and to charge actual cost for switching, hostling, etc., said engines and coaches. Held, that such contract did not embrace Pullman cars, owned by the Pullman Company, although brought to the station by the second party in a train of the third railroad company, and that a right of action to recover damages for an injury to such a ear. while being switched with the remainder of the train by the first party, was outside of the contract, and either sounded in tort or was based on an implied contract.</p> <p>|Kd. Note. — For other cases, see Railroads, Cent. Dig. §§ 430-439; Dec. Dig. § 138.*]</p>