NEGLIGENCE - DUTY TO DISCOVER CONTINUOUS TRESPASSER OR BARE LICENSEE ON RAILROAD'S RIGHT OF WAY

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Plaintiff alleged that while he was carefully crossing defendant's right of way, on a clearly defined and well worn footpath, he was struck by defendant's engine, which was backing toward the footpath in a "stealthy manner"; that defendant's servants failed to give warning as they were accustomed to do, or keep a lookout; that the footpath had been habitually used in crossing defendant's right of way for many years, that such crossing had been constant, open, and notorious as defendant knew; and that defendant had never objected to this use. Defendant demurred. Held, demurrer sustained on the ground that defendant was under no duty to keep a careful lookout for a bare licensee using its right of way. The court further stated that the only duties owed to a bare licensee were not to create a trap, not to inflict wilful or wanton injury, and after his presence was discovered to take reasonable care to prevent injury to him. Jackson v. Pennsylvania R. R., (Md. 1939) 3 A. (2d) 719.

Recommended Citation

Michigan Law Review, NEGLIGENCE - DUTY TO DISCOVER CONTINUOUS TRESPASSER OR BARE LICENSEE ON RAILROAD'S RIGHT OF WAY, 37 Mich. L. Rev. 1149 (1939).
Available at: https://repository.law.umich.edu/mlr/vol37/iss7/22