Illinois Central R. Co. v. Messina, 240 U.S. 395 (1916)

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Illinois Central Railroad Company v. Messina


No. 535


Argued February 23, 1916
Decided March 6, 1916
240 U.S. 395

ERROR TO THE SUPREME COURT OF THE STATE OF MISSISSIPPI

Syllabus

While the Anti-pass Provision of the Hepburn Act of 1906 may have had more formal uses especially in view than that of allowing a person to ride upon an interstate train by permission of an employ of the carrier, this Court cannot limit the prohibition to such uses. There being a question whether plaintiff, who was injured while riding free by consent of the engineer on the engine of an interstate train, could have recovered under state law had his presence been illegal under the federal statute, held that it was reversible error not to have charged the jury that the federal act applied.

The facts, which involve the construction and application of the Anti-pass provision of the Hepburn Act of 1906, are stated in the opinion.