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Chicago, Rock Island & Pacific Ry. Co. v. Maucher, 248 U.S. 359 (1919)

Chicago, Rock Island & Pacific Railway Company v. Maucher

No. 85

Argued December 17, 18, 1918

Decided January 7, 1919

248 U.S. 359


The freedom of the states to establish and apply their own laws and policies touching the validity of contracts exempting carriers from liability to passengers for injuries due to negligence was not affected by the Carmack Amendment, which deals only with shipments of property. P. 248 U. S. 363.

An employee of a circus was injured by the negligent operation of a passenger train of a railroad company while traveling upon a train owned by the circus, which was being hauled over the tracks of the railroad company by its locomotive and crew pursuant to a special contract declaring the company not a common carrier therein, and not liable for negligence. Held that the employee was not a passenger of the railroad company, and that his cause of action was based on the general right not to be injured by the negligence of another. Id.

Writ of error to review 100 Neb. 237 dismissed.

The case is stated in the opinion.

Page 248 U. S. 361

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