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P was neither in the relation of passenger, nor of one in a public crossing or place in which the public were licensed to travel. It is undisputed that P was a trespasser on the tracks of D. P was walking on St. Paul & Duluth's (D) railroad track when his foot slipped and became caught between the rail and the cattle guard. P was unable to extricate his shoe and D's train ran over his foot. D's crew did not see P until the train was almost upon him and it was too late. The trial court directed a verdict for D. P appealed.

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