Perkins v. . the New York Central Railroad Company.

Summary

The New York Court of Appeals reversed the lower court's verdict and ordered a new trial, holding that the exemption clause on a gratuitous railroad pass is enforceable and covers all negligence of the carrier's agents, including gross negligence. The majority reasoned that the contract terms were clear and that the trial court erred by limiting the exemption. A dissent argued that the carrier should remain liable for construction negligence, while a concurrence contended that the statute and contract fully shield the carrier.