The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 52

The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 52

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ... us to be well settled that consent obtained by fraud is equally unavailing. The plaintiff insists that the extraordinary care described in the instruction does not become due from common carriers by reason of any contract, but simply by a rule of law which enforces the duty upon broader grounds. It is not important to inquire precisely how the duty arises. However it arises, the duty is one which the common carrier owes only to passengers, and if as we hold the decedent did not sustain that relation within the meaning of the law, the company did not owe that duty to him, and that is the end of the inquiry. The doctrine which we announce was very clearly expressed in T., W. cfi W. R. U0. v. Beggs, 85 Ill. 80; s. 0., 28 Am. Rep. 613. In that case the court said: " Was defendant a passenger on that train in the true sense of that term? He was travelling on a free pass issued to one James Short, and not transferable, and passed himself as the person named in the pass. By his fraud he was riding on the car. Under such circumstances, the company could only be held liable for gross negligence, which would amount to willful injury." In Thompson on Carriers of Passengers, 43, section 3, the author goes even further. After stating the rule that the relation of carrier and passenger does not exist where one fraudulently obtains a. free ride, he says: " This doctrine extends further, and includes the case of one who knowingly induces the conductor of a train to violate the regulations of Von. LII---55 Rep. 475, the defendant in error imposed himself upon the company obtained the consent of the conductor as an express messenger, and to carry him without fare. It was held that he did not become entitled to the rights of a passenger....show more

Product details

  • Paperback | 306 pages
  • 189 x 246 x 16mm | 549g
  • Rarebooksclub.com
  • English
  • Illustrations, black and white
  • 1236803418
  • 9781236803412