Joseph McKenna

“ Laws, 838.
'It gives or creates a right of action in favor of the injured passenger, and when it is established that a person is injured while a passenger of the railroad company a conclusive presumption of negligence arises in every case, except where it is disclosed that the injury was one caused by his own criminal negligence or by his violation of some rule of the company brought to his actual notice. . . . In other words, a conclusive presumption of negligence arises where the case does not fall within the exceptions of the law and he has his right of action. ”

“ It was enacted to make railroad companies insurers of the safe transportation of their passengers, as they were of baggage and freight; and no good reason is suggested why a railroad company should be released from liability for injuries received by a passenger while being transported over its line, while the corporation must respond for any damages to his baggage or freight.'
Our jurisprudence affords examples of legal liability without fault, and the deprivation of property without fault being attributable to its owner. ”

“ That reason may not apply to passengers, but other reasons do, which arise from the conditions which exist in and surround modern railroad transportation, and which may be considered as strongly justifying a rule of responsibility for injury to passengers which makes sure, as the common rule law does, that responsibility be not avoided by excuses which do not exist, or the disproof of which might be impossible. ”