“ The bill, with a supplement and amendment, proceeds on the theory that, in suing the railroad company and obtaining a judgment against it, which as between that company and the express company must be paid by the latter as stipulated in their contract. Taylor not only violated the messenger's agreement, but perpetrated a legal fraud on the express company; that the judgment is therefore one which in equity and good conscience he has no right to enforce ”

“ The act provides that 'every common carrier by railroad' shall be liable in damages for the injury or death of any of its employes occurring while it is engaged and he is employed in interstate commerce and resulting in whole or in part from the negligence of any of its officers, agents or employes, or from any defect or insufficiency, due to its negligence, 'in its cars, engines, appliances, machinery, track, roadbed,' etc.; and in section 5 it declares that any contract whereby a common carrier exempts itself from 'any liability created by this act' shall to that extent be void. ”

“ In our opinion the words 'common carrier by railroad,' as used in the act, mean one who operates a railroad as a means of carrying for the public-that is to say, a railroad company acting as a common carrier. ”