Wilson v. Atlantic Coast Line R.

Citations

• 129 F. 774
• 1904 U.S. App. LEXIS 4773

Syllabus

<p>1. Carriers — Special Services — Circus Trains — Liability for Negligence</p> <p>—Special Contract — Validity—Public Policy.</p> <p>Where a railroad company agreed to haul certain cars of the proprietor of a circus according to a special schedule, and for a price less than the regular 'rates for such service, the carrier’s servants having no right to direct the loading or unloading, which was in the exclusive charge of the employés of the eircus company, an express contract between the parties, exempting the carrier from liability for the negligence of its employés, and releasing the carrier from liability for loss and damage to any of the circus company’s property, menagerie, cars, or equipment while in transit, and to indemnify the carrier against damage or injury to any of the circus company’s officers, agents, performers, or employes, was not invalid, as contrary to public policy.</p> <p>2. Same — Pleading—Demurrer.</p> <p>Where a shipper brought suit on a special transportation contract against the carrier for damages to. his property, the contract providing that it was made in consideration of reduced rates granted to the shipper, he could not contend, on demurrer to the petition, that the statement in the contract that a reduced rate was given was false.</p> <p>3. Same — Action Ex Delicto.</p> <p>Where a circus proprietor brought suit in tort to recover damages for injuries to a circus train, transported over the line of defendant railroad company under a contract exempting the carrier from liability for negligence, and providing that the carrier’s obligation should be that of a private carrier only, a petition alleging such contract as matter of inducement only, and charging that the same was illegal and void as beyond the carrier’s corporate capacity, and that the transportation of shows, theaters, and circuses was a part of defendant’s regular business • as a carrier, was demurrable.</p> <p>4. Same — Character of Transportation — Private Carrier.</p> <p