Illinois Central R. v. Messina

Citations

• 111 Miss. 884
• 72 So. 779

Syllabus

<p>Carriers. Passengers. Personal injuries. Persons to whom carrier is liable. Free transportation.</p> <p>Where one is injured by a carrier’s negligence, while riding on the tender of an engine without paying fare, by permission of the engineer, the carrier is liable, notwithstanding such person’s presence on the train was illegal under the act to regulate commerce (Act Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended by act June 29, 1906, ch. 3591, 34 Stat. 584), under which not only a common carrier, violating the provisions against free transportation, but also any person, other than those excepted, “who uses any such interstate free transportation” is guilty of a misdemeanor and subject to a penalty; the presence of such person on the train being merely an incidental condition of, and not a contributing cause of, his injury. •</p>