TORTS -TRESPASSERS - STATUTORY NON-LIABILITY OF RAILROADS

Authors

Abstract

Plaintiff, five years of age, was leaning over the edge of defendant's bridge, looking into a canal, when a train was backed into standing cars without warning, and plaintiff was injured. Children were accustomed to play on the bridge, despite the presence of "Danger - No Trespassing" signs. Plaintiff recovered judgment in the trial court, and the judgment was affirmed by the circuit court of appeals, but the Supreme Court of the United States held that the New Jersey statute section 55 of the Railroad Act, "negatived the attractive nuisance and implied invitation doctrines," and reiterated the so-called "Massachusetts Rule" as to trespassers, and, therefore, that plaintiff could not recover under the circumstances. Erie R.R. v. Duplak, 286 U. S. 440, 52 Sup. Ct. 610, 76 L. ed. 1214 (1932).

Recommended Citation

TORTS -TRESPASSERS - STATUTORY NON-LIABILITY OF RAILROADS, 31 Mich. L. Rev. 442 (1933).
Available at: https://repository.law.umich.edu/mlr/vol31/iss3/25