Missouri Pacific R. Co. v. Prude, 265 U.S. 99 (1924)

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Missouri Pacific Railroad Company v. Prude


No. 272


Submitted May 1, 1924
Decided May 12, 1924
265 U.S. 99

ERROR AND CERTIORARI TO THE
SUPREME COURT OF THE STATE OF ARKANSAS

Syllabus

1. A decision of a state supreme court denying an interstate carrier an immunity based upon a stipulation on an interstate passenger ticket held reviewable by certiorari and not by writ of error. P. 100.

2. A ticket for interstate passage over several railroads bore a printed stipulation limiting the selling carrier’s liability to its own lines. Held that, by accepting and using the ticket, though without reading it, a passenger must be presumed to have agreed to the stipulation, thereby establishing a contract, prima facie valid and binding in a state court. P. 101.

156 Ark. 583 reversed.

Error and certiorari to a judgment of the Supreme Court of Arkansas affirming a judgment for damages in an action against the above named railroad company for an assault committed on the plaintiff while traveling over the line of a connecting carrier.