About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

62 Am. L. Rev. 545 (1928)
High Care and Gross Negligence

handle is hein.journals/amlr62 and id is 549 raw text is: HIGH CARE AND GROSS NEGLIGENCE

It is often said that a common carrier of passengers is
bound to use a high degree of care. This may mean that in
carrying passengers ordinary prudence generally requires
high care, and that a judge may tell the jury so. But in
most states it means that the law requires from a carrier an
exceptional duty as to care. The existence of such a duty
was for a time hardly questioned, though courts differed
somewhat as to its definition and the scope of its ap-
In 1905, the Supreme Court of Maine2 repudiated the doc-
trine altogether, and it has since been rejected in Indiana,3
and, at least so far as concerns the conduct of transporta-
tion as distinguished from the provision of safe appliances,
in New York.4     For example, in the recent cast of Pitts-
burgh, C. C. & St. L. R. Ry. Co. vs. Stephens,5 a railway
postal clerk had judgment for injury caused by running a
train at excessive speed around a curve. The appellate
court considered that the postal clerk, though upon the train
in the course of his employment, was entitled to the care
due to a passenger, but held that this was only the care
reasonable under the circumstances, and reversed the judg-
ment for error in telling the jury that a passenger is en-
titled to the highest degree of practicable care. In Maine,
Indiana, and New York alike, the court recognized that it
was overruling decisions or disregarding dicta6 which had
* Published with the consent of the Illinois Law Review.
1See 33 L. R. A. (N.S.) 855; 31 Harv. Law Rev. 306; 19 Col. Law Rev.
166; 32 Yale Law Jour. 841, 842.
2Raymond vs. Portland R. R. Co. (1905) 100 Me. 529, 62 Atl. 602, 3 L.
R. A. (N.S.) 94; Pomroy vs. Bangor & A. R. R. Co. (1907) 102 Me. 497, 67
Atl. 561.
' (1919) 188 Ind. 514, 121 N. E. 655, 124 N. E. 737, 32 A. L. R. 1171.
'O'Brien vs. N. Y. Rys. (1919) 185 App. Div. 867, 174 N. Y. Supp. 116;
Richardson vs. Nassau Electric Co. (1920) 190 App. Div. 529, 180 N. Y. Supp.
109; Kelleher vs. Atkinson (1922) 201 App. Div. 876, 193 N. Y. Supp. 939;
Kelly vs. International R. R. Co. (1925) 214 App. Div. 652, 212 N. Y. Supp.
309.                  'Appellate Court of Indiana (1927) 157 N. E. 58.
OSee, for example, Bedford R. R. Co. vs. Rainbolt (1885) 99 Ind. 551;

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most