Malott v. Union Pacific Railroad

The opinion of the court was delivered by

Dawson, J.:

The plaintiff was injured by being struck by ' some moving cars while he was crossing the defendant’s switch yard at Armstrong, a suburb of Kansas City, Kan. The switch yard consists of a maze of railroad tracks running east and west; and notwithstanding the manifest danger *116of crossing these tracks and the defendant’s posted sign, “Railroad property, no trespassing,” this plaintiff and many other people had been accustomed to cross these tracks going to and from their places of employment in the packing houses nearby. A path had been worn…