The Law of Railways: Embracing Corporations, Eminent Domain, Contracts, Common Carriers of Goods And Passengers, Telegraph Companies, Equity Jurisdiction, Taxation, Constitutional Law, Investments, &c., &c

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Phila- delphia & Reading Railw., 6 Am. Law Reg. 342 ; s. c. 30 Penn. St. 234 ; s.' c.
[*276] 302 COMMON CAKEIERS OP PASSENGERS. PART VIII.
aware, from the very nature of the transaction, that he would be exposed to perils of this character, must be supposed to undertake, upon his own part, to sustain that hazard, and could not justly be allowed to throw it upon an innocent party, who was known to him, at the time of entering into the contract, to have no control over the persons causing the pla
...intiff's injury .^ And this case may be maintainable upon this latter ground, and the peculiar circum- stances of the undertaking, but probably not upon general principles applying to passenger-carriers.^ 3. In a case in Massachusetts, it was held, that a railway company, which receives the cars of another company upon its * track, placing them under the control of its agents and servants, and drawing them by its locomotive power, assume towards the passengers the common liability of passenger-carriers,* and that it makes no difference, in regard to the liability of the company, to passengers passing over their road, whether they purchase tickets of them, or of any other railway company or agent, authorized to sell such tickets.* 4.

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