Robert Cooper Grier

“ It is true, a traveller, by stage coach, or other public conveyance, who is injured by the negligence of the driver, has an action against the owner, founded on his contract to carry him safely. But the maxim of 'respondeat superior,' which, by legal imputation, makes the master liable for the acts of his servant, is wholly irrespective of any contract, express of implied, or any other relation between the injured party and the master. ”

“ Being no passenger, and not carried by the company, even gratuitously, in the way of their business, he was in the car and was carried as a stockholder and a guest.
What were his legal rights, and what the obligations of the defendants?
1. That no cause of action can arise to any person by reason of the occurrence of an unintentional injury while he is receiving or partaking of any of those acts of kindness which spring from mere social relations. No contract exists, and no such duty as can give a cause of action, is by law cast upon either party in such relation. ”

“ If such disobedience could be set up by a railroad company as a defence, when charged with negligence, the remedy of the injured party would in most cases be illusive, discipline would be relaxed, and the danger to the life and limb of the traveller greatly enhanced. ”

“ Justice Erskine states the law in the clearest manner. 'Whenever the master has intrusted the servant with the control of the carriage, it is no answer that the servant acted improperly in the management of it. If it were, it might be contended that if a master directs his servant to drive slowly and the servant disobeys his orders and drives fast, and through his negligence occasions an injury, the master will not be liable. ”

“ Contra, if goods left there by a man, because the innkeeper hath no advantage by them.' York v. Grenaugh, 2 Ld. R. 868.
'So where one leaves his horse at an inn, to stand there by agreement at livery, although neither himself nor any of his servants lodge there, he is requted a guest for that purpose, and the innkeeper hath a valuable consideration, and if that horse be stolen, he hath an action upon the common custom of the realm. ”

“ These arguments, arising from the social or domestic relations of life may, in some cases, successfully appeal to the feelings of the plaintiff, but will usually have little effect where the defendant is a corporation, which is itself incapable of such relations or the reciprocation of such feelings. ”

“ That if the jury believe that every reasonable and proper precaution was taken to have the track of the railroad clear for the passage of the Ariel, and collision ensued solely be reason of the wilful disobedience of the conductor of the Lycoming, and of the express orders duly given by an agent of the company, the plaintiff cannot recover. ”

“ It is a fact peculiar to this case, that the defendants, who are liable for the act of their servant coming down the road, are also the carriers who were conveying the plaintiff up the road, and that their servants immediately engaged in transporting the plaintiff were not guilty of any negligence, or in fault for the collision. ”

“ Such a qualification of the maxim of respondeat superior, would, in a measure, nullify it. A large proportion of the accidents on railroads are caused by the negligence of the servants or agents of the company. ”

“ That the defendants would be liable in damages to a passenger who had paid passage-money, upon their contract to deliver him safely, for slight negligence; but to an invited guest, who paid no fare, or passage-money, they will not be responsible, unless the jury believe that there was not even slight diligence on the part of the agents of the defendants.
4. That the employer is not responsible for the wilful act of his servant or agent. ”

“ Mr. Justice DANIEL dissents from the decision of this court in this cause, upon the ground that the said railroad company being a corporation, created by the State of Pennsylvania, is not capable of pleading or being impleaded, under the 2d section of the 3d article of the constitution, in any of the courts of the United States; and that therefore the Circuit Court could not take cognizance of the controversy between that corporation and the plaintiff in that court. ”

“ I. That if the plaintiff was lawfully upon the railroad of the defendants, at the time of the collision, by the license of the defendants, and was then and there injured by the negligence or disobedience of orders of the company's servants, then and there employed upon the said railroad, the defendants are liable for the injury done to the plaintiff by such collision.
Two principles sustain this point.
I. That every person (or corporation) whose negligence or carelessness causes damage to another person, is prima facie responsible to such person therefor. ”

“ After leaving Port Clinton, when about three miles distant from it, going round a curve, the passengers on the Ariel saw another engine called the Lycoming, of which S. P. Jones was the conductor, approaching on the same track. The engineer of the Ariel immediately reversed his engine, and put down the break. Mr. Tucker, the plaintiff, and the fireman, jumped from the Ariel, to avoid the impending collision. After they had jumped, the engineer also left the Ariel, having done all he could do to stop it. The plaintiff, in attempting to jump, fell, and received the injury of which he complains. ”

“ And if the master, when the fire would be highly dangerous in such a place, forbore to direct it to be kindled, and employed his servant in other business, it would be unreasonable to make him liable, if the servant, before attending to that business, went in his own discretion, and kindled the fire to the damage of third persons. ”

“ The principle of this point is identical with that of the second point presented by the plaintiffs in error themselves, and which was duly affirmed by his Honor in his charge, and the principle is in entire harmony with the third point of the plaintiffs in error, which was also duly affirmed by his Honor. ”