#### James Hughes, Appellee, v. Illinois Central Railroad Company, Appellant.

(Not to he reported in full.)

Appeal from the Circuit Court of Macon county; the Hon. William C. Johns, Judge, presiding.

Heard in this court at the October term, 1914.

Reversed.

Opinion filed April 16, 1915.

Statement of the Case.

Action by James Hughes against the Illinois Central Railroad Company for personal injuries. The plaintiff recovered a judgment for $1,000, from which the defendant appeals.

The evidence showed that the plaintiff was a trespasser in the nighttime on the tracks of the defendant, and that while trying to avoid one engine he was struck and injured by a backing locomotive on another track.

Crea & Housum, for appellant; John G. Drennan, of counsel.

Jacob L. Walden and James W. Montgomery, for appellee.

*2Abstract of the Decision.

Railroads, § 508*—injury to trespasser on trade. The evidence in an action against a railway company, held to show that the plaintiff was not entitled to recover for personal injuries, sustained while a trespasser in the nighttime on the tracks of the defendant, by being struck by a backing engine as he was attempting to avoid a locomotive on another track.

Mr. Justice Thompson

delivered- the opinion of the court.