New York Central R. Co. v. Mohney, 252 U.S. 152 (1920)

New York Central Railroad Company v. Mohney


No. 196


Argued January 27, 1920
Decided March 1, 1920
252 U.S. 152

CERTIORARI TO THE COURT OF APPEALS
OF LUCAS COUNTY, STATE OF OHIO

Syllabus

A railroad employee was injured through a collision while traveling on his company’s line between points in Ohio by means of a pass, good only between those points and within that state and containing a release from liability for negligence. His purpose was to continue the journey, partly over a line of another carrier in Ohio on which he would pay fare and thence over one of his company into another state by means of another pass, the terms of which were not disclosed by the evidence. Held that his travel at time of injury was intrastate, so that the validity of the release depended on the laws of Ohio. P. 155.

A stipulation on a free pass purporting to release the carrier from all liability for negligence is ineffective where injury to the passenger results from the willful and wanton negligence of the carrier’s servants. P. 157.

Affirmed.

The case is stated in the opinion.