Acton v. Wilmington and Northern R. Co.

DUFFY, Justice:

Michael P. Acton, age 11, fell while running on a railroad right-of-way beside a moving train. Tragically, his right leg was severed by one of the train wheels. Through his mother, Michael filed an action for the injury in the Superior Court against the operator of the train (and others) but that Court gave summary judgment to defendants. We must affirm.

Two questions are presented in Michael’s appeal: First, is the railroad entitled to rely on the Delaware Premises Guest Statute? 1 And, second, was Michael a guest without payment or a trespasser on the railroad property?

I

The…