Louis Brandeis

“ Barnum & Bailey, who owned rolling stock adapted to carrying their circus equipment and personnel, made, in 1913, a special contract with the Chicago, Rock Island & Pacific Railway Company concerning transportation on its lines. The railway agreed, for a sum fixed, to give the right to use its tracks and locomotives, fully manned and supplied, to haul the circus trains. ”

“ Its language is so clear as to leave no ground for the contention that Congress intended to deal with the transportation of persons. Furthermore plaintiff was not even a passenger on the railway. His claim rests not upon a contract of carriage, but upon the general right of a human being not to be injured by the negligence of another. ”

“ The trial court held that the liability was to be determined by the law of Nebraska, and entered judgment for plaintiff, which was affirmed by the Supreme Court of the state. Maucher v. Chicago, R. I. & P. R. Co., 100 Neb. 237, 159 N. W. 422. The case came here on writ of error under section 237 of the Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1156 [Comp. St. § 1214] ) . ”