Page:Henry Osborn Taylor, A Treatise on the Law of Private Corporations (5th ed, 1905).djvu/354

 § 355.] THE LAW OF PRIVATE CORPORATIONS. [CHAP. VH. roads belonging to others, it cannot exempt itself from liability for losses arising from the negligence of another carrier over whose road it has contracted to transport the goods. 1 § 355. A carrier may establish reasonable regulations for the safety of baggage, and is not liable when a passen- Carrier's liability for ger, knowing of such regulations, loses his baggage through failure to comply with them. 2 Giving the opinion of the Federal Supreme Court, in Railroad Co. v. Fra- loff, 3 Justice Harlan said : " It is undoubtedly competent for carriers of passengers by specific regulations, distinctly brought to the knowledge of the passenger, which are reasonable in their character, and not inconsistent with any statute or their duties to the public, to protect themselves against liability, as insurers, for baggage exceeding a fixed amount in value, ex- cept upon additional compensation proportioned to the risk. And, in order that such regulations may be practically ef- fective, and the carrier advised of the full extent of its re- sponsibility, and consequently of the degree of precaution nec- essary on its part, it may rightfully require, as a condition v. Haynes, ib. 89; compare, however, Boscowitz v. Adams Exp. Co., 93 111. 523, 534; and Adams Exp. Co. v. Stettaners, 61 111. 184. (Illinois de- cisions seem hardly consistent on this point.) When a person rides on a non-transferable free pass issued to another, he commits a fraud that will relieve the railroad company from responsibility for injuries to him, except for such as arise from gross or reckless negligence. Toledo, W. and W. R'y Co. v. Beggs, 85 111. 80. New Jersey : A railroad com- pany is not liable for the negligent killing of a person accepting a free pass with a stipulation against liabil- ity for negligence. Kinney v. Cen- tral R. R. Co., 32 N. J. L. 407; aff' d 34 N. J. L. 513. But see Ashmore v. Penn Steam Tow Co., 28 N. J. L. 180, 192. Louisiana: A carrier may stipulate for exemption from liabil- ity for personal injuries to a news agent on the train, arising through 334 the negligence of its servants; pro- vided the servants are guilty of no fraudulent, wilful, or reckless mis- conduct. Higgins v. New Orleans, etc., R. R. Co., 28 La. Ann. 133. 1 Bank of Kentucky v. Adams Exp. Co., 93 U. S. 174; Cincinnati, etc., R. R. Co. v. Pontius, 19 Ohio St. 221; Galveston, etc., Ry. Co. v. Allison, 59 Tex. 193. Contra, Gibson v. Amer- ican Merchants' Union Exp. Co., 1 Hun (N. Y.), 387. For liability of a carrier for losses occurring at con- necting lines, see §§ 362-304. 2 Gleason v. Goodrich Trans'n Co., 32 Wis. 85. Or through his own act. E. r/., a passenger dropped her bag from a car window. The con- ductor refused to stop the train in order to let the passenger recover it, and the bag was lost. Held, that the railroad company was not liable. Henderson v. Louisville, etc., R. R., 123 U. S. 61. 3 100U. S. 24, 27.