Oliver Wendell Holmes, Jr.

“ The court of appeals held such a stipulation binding in a free pass, but held that the Hepburn act created an exception, and that a so-called free pass under that act, issued to a member of an employee's family, really was not a free pass, but was issued upon consideration of the services of the employee. ”

“ The railroad pleaded that she was traveling on a free pass that exempted the company from liability, the same having been issued to her gratuitously under the Hepburn act of June 29, 1906, chap. 3591, § 1 [34 Stat. at L. 584, U.S.C.omp. Stat. Supp. 1911, p. 1288] , as wife of an employee. This plea was struck out, subject to the defendant's exception. The defendant also asked for an instruction that if the plaintiff was traveling on a free pass providing that the railroad should not be liable for negligent injury to her person, she could not recover. ”

“ It may be doubted whether it could have entered into one, for then the services would be the consideration for the duty and the pass, and by § 2 it was forbidden to charge 'a greater or less or different compensation' for transportation of passengers from that in its published rates. The antithesis in the statute is between the reasonable charges to be shown in its schedules and the free passes which it may issue only to those specified in the act. ”