Rensselaer Journal, Volume 10, Number 50, Rensselaer, Jasper County, 23 May 1901 — PASS MAKES NO DIFFERENCE. [ARTICLE]

PASS MAKES NO DIFFERENCE.

Railroad Company Liable For Damages Just the Same. A railroad company can not exempt itself from liability for the negligent injury of a passenger who is riding on a free pass by indorsing a release of all damages on the back of the pass and calling the passenger’s attention to it. The Appellate Court so held in reversing the case of John R. Payne vs. the Terre Haute & Indianapolis Railroad Company. Payne was injured by the carelessness of the railroad employes in permitting the two parts of a freight train on which he was a passenger to come in collision while trying to make a “flying switch.” The pass on which he was riding expressly provided that “By its acceptance and use any and all claims for injuries to person or for loss or damage to baggage that may accrue to the person or persons named on the face thereon are released.” The trial court held that this defeated his right to recover damages, but the Appellate Court, said that it is contrary to the public policy for a common carrier to contract against liability for its own negligence, and that its liability for injuries to persons riding free resulting from negligence is the same as its liability for injuries to those who pay full fare.