CARRIERS - GRATUITOUS PASS - LIMITATION OF LIABILITY

Authors

John L. Rubsam, University of Michigan Law School

Abstract

Appellee was traveling between Louisville and New Orleans on a gratuitous pass issued to her by reason of being the mother of a conductor employed by the Missouri-Pacific lines. The pass contained the following condition: "The person accepting and using it thereby assumes all risk of accident to person or property." Appellee had signed: "I accept the above conditions." The train gave a slight jerk due to coupling onto other cars, causing appellee to fall and sustain the injuries for which she sues. Held, where a passenger using a free interstate railroad pass agreed to assume the risk of accident, the passenger, to recover for injuries suffered on the train, has the burden of showing that the negligence of the railroad was wilful or wanton and not merely ordinary negligence. Judgment for plaintiff reversed. Louisville & N. R.R. v. George, (Ky. 1939) 129 S. W. (2d) 986.

Recommended Citation

John L. Rubsam, CARRIERS - GRATUITOUS PASS - LIMITATION OF LIABILITY, 38 Mich. L. Rev. 1310 (1940).
Available at: https://repository.law.umich.edu/mlr/vol38/iss8/11