Opinion · Supreme Court of the United States

Baltimore & Ohio Southwestern Railway Co. v. Voigt

176 U.S. 498

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1900-02-26
Topic
general

How later courts describe this case

  • holding private settlement of liquidated damages claims under Alaska Wage and Hour Act void as against public policy
  • upholding a covenant not to sue between a railroad company and an express messenger even though the express messenger used railroads to provide an essential public service
  • “The right of private contract is no small part of the liberty of the citizen.”
  • “[T]he usual and most important function of courts of justice is rather to maintain and enforce contracts, than to enable parties thereto to escape from their obligation on the pretext of public policy....”
  • “the usual and most important function of courts of justice is rather to maintain and enforce contracts than to enable parties thereto to escape from their obligation on the pretext of public policy”
  • “[T]he right of private contract is no small part of the liberty of the citizen, and ... the usual and most important function of courts of justice is rather to maintain and enforce contracts than to enable parties thereto to escape from their obligation....”
  • "[T]he usual and most important function of courts of justice is rather to maintain and enforce contracts than to enable parties thereto to escape from their obligation on the pretext of public policy, unless it clearly appear that they contravene public right or the public welfare."

Citator

UpLaw has not yet analyzed Baltimore & Ohio Southwestern Railway Co. v. Voigt. The absence of a flag is not a finding that it is good law.

Cited by
283 opinions

Headnotes

  1. Torts — Negligence A common carrier may not, by general notice or special contract, escape liability for losses to shippers or injuries to passengers resulting from a want of care or faithfulness; such exemptions are contrary to sound public policy and invalid. Exemptions claimed by carriers must be reasonable and just, or they will be regarded as extorted from customers by duress of circumstances and therefore not binding. 176 U.S. at 505-506
  2. Contracts Law — Freedom of Contract — Public Policy The right of private contract is part of the liberty of the citizen, and courts should maintain and enforce contracts rather than enable parties to escape their obligations on the pretext of public policy, unless it clearly appears that the contract contravenes public right or the public welfare. The rules rendering a contract void as against public policy are not to be extended arbitrarily, because public policy requires that persons of full age and competent understanding have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, be held sacred and enforced. 176 U.S. at 505
  3. Torts — Common Carriers — Passengers — Express Messengers An express messenger occupying an express car in charge of express matter, pursuant to a contract between the express company and the railroad company, is not a passenger within the meaning of Railroad Co. v. Lockwood; the railroad company does not assume toward him the ordinary liability of a common carrier of passengers for hire, notwithstanding a collision caused by the negligence of its employees. 176 U.S. at 514, 518
  4. Torts — Common Carriers — Exemption from Liability — Express Messengers A contract whereby a railroad company is exonerated from liability to an express messenger for injuries sustained while being transported in an express car does not contravene public policy where the messenger was not constrained to enter into the contract but did so freely and voluntarily and obtained the benefit of it by securing his appointment as messenger. The relation of an express messenger to the transportation company more nearly resembles that of an employee than that of a passenger, and his position is created by an agreement between the express company and the railroad company adjusting the terms of a joint business. 176 U.S. at 514, 518
  5. Torts — Common Carriers — Exemption from Liability — Postal Clerks Distinguished The relation of a postal clerk to a railroad company is distinguishable from that of an express messenger, because the postal clerk has not agreed to a contract exempting the railroad company from liability; to make the cases analogous it must appear that the government stipulated for such exemption and that the postal clerk, in consideration of securing his position, concurred in releasing the railroad company. 176 U.S. at 517