
    Pennsylvania Company, Lessee of the Pittsburgh, Fort Wayne and Chicago Railway Company v. John H. Woodworth.
    Motion for leave to file a petition in error to reverse the judgment of the District Court of Wayne county.
    
      J. T. Brooks, for the motion.
    
      MeSweeney S¡ Parsons, contra,
    as to negligence, cited 18 N. Y. 534; 20 Barb- 282 ; 34 lb. 256; 18 N. Y. 408; 45 lb. 514; Lacey’s Railroad Decisions, 534, sec. 361; 57 Penn. 433. On the question of damages, 8 Kan. 505; 108 Mass. 7; 1 Allen, 9.
   By the Court.

In an action to recover for injuries ■caused by the negligence of a railroad company in operating one of its trains, it is no defense that the company was carrying the plaintiff as an express messenger, under a contract with an express company, and that he was required by the nature of his employment to occupy a place, on the train more dangerous than was occupied by ordinary passengers. The messenger, in accepting his employment, took upon himself the risk of accidents incident to the nature of the business, but not the risks resulting from the negligence of the railroad company in the management of its trains.

Leave refused.  