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ILLINOIS CENTRAL R.R. v. MESSINA

No. 535.

240 U.S. 395 (1916)

36 S.Ct. 368

60 L.Ed. 709

ILLINOIS CENTRAL RAILROAD COMPANY v. MESSINA.

Supreme Court of United States.

Decided March 6, 1916.

Attorney(s) appearing for the Case

Mr. R.V. Fletcher, with whom Mr. Edward Mayes and Mr. Blewett Lee were on the brief, for plaintiffs in error.

Mr. Harry Peyton, with whom Mr. William H. Watkins was on the brief, for defendant in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is an action for personal injuries suffered by the defendant in error while upon a train running from Mississippi to Tennessee. He had paid no fare but was upon the tender, as he said, by permission of the engineer. The engineer had noticed that the water was high between Beatty and Sawyer and over the track at Sawyer. After passing Beatty the train was going at a rate variously put as thirty-five to fifty...

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