Hass v. Chicago & North Western Railway Co.

At the outset it should be pointed out that the complaint does not attempt to predicate liability on the railroad in its capacity as the owner or proprietor of the premises. The complaint does not allege that the injury occurred on the railroad right-of-way. Father, the allegation is of negligence in starting a fire and failing to exercise due care in preventing its spread.

We are not obliged, therefore, in this case to grapple with the subtle distinctions in respect to a landowner’s duty to licensees, invitees, and those, like firefighters, whom some courts hold are sui generis by reason of…