John Hessin Clarke

“ The second defense of the railroad company is in the alternative, and must be considered because its first defense has failed.
This claim is that, under the Interstate Commerce Law, payment for the transportation of passengers for hire could be made only in money, and at a rate stated in a tariff filed and published in the manner required by law; that no separate payment for plaintiff's transportation was made in money, and the consideration for it must be found, if at all, incorporated in the rate charged for the stock, or in the service which he was to render in caring for it in transit ”

“ In New York C. R. Co. v. Lockwood, 17 Wall. 357, 384, 21 L. ed. 627, 641, it was decided that a person traveling on a 'drover's pass,' issued upon a live-stock contract precisely similar in its terms to that which we have in this case, was a passenger for hire, and that a release from liability for injuries caused by the carrier's negligence was void because a common carrier could not lawfully stipulate for such exemption. ”

“ The negligence of the defendant is not disputed.
On this record the defendant claims two defenses, the first of which is:
That the plaintiff is not entitled to recover, because when injured, he was traveling on a free pass issued pursuant to the terms of the live-stock contract in which he had released the carriers from all liability for any personal injury which he might sustain, thus bringing his claim within the authority of Northern P. R. Co. v. Adams, 192 U.S. 440, 48 L. ed. 513, 24 Sup. Ct. Rep. 408. ”