Piraccini v. Director General of Railroads
Supreme Court of New Jersey
On appeal from the Supreme Court. The defendant railroad company owned land in Dover on which were erected its signal repair machine shops. The land was not fenced where it abutted a public street except bj' a guard fence. Adults and children without let or hindrance entered on what is called the plajrground portion of the property, and crossed the property by a pathway which had been used by the public for over forty years. School children used it in going to school.
Read the full summary
On appeal from the Supreme Court. The defendant railroad company owned land in Dover on which were erected its signal repair machine shops. The land was not fenced where it abutted a public street except bj' a guard fence. Adults and children without let or hindrance entered on what is called the plajrground portion of the property, and crossed the property by a pathway which had been used by the public for over forty years. School children used it in going to school. On March 25th, 1919, the ground was covered with dry grass. About eleven a. M. an employe of the defendant, in obedience to…
1Opinion of the Court
*115The opinion of the court was delivered by
Swavze, J.
Much of the argument was directed to the question whether the child had been invited to use the pathway and whether she was actual]}’' using it in pursuance of the invitation. In the view we take, these questions are unimportant. The case is not one where the liability oí the defendant depends on invitation. Their liability grows out of their responsibility for a dangerous agency. The principle, as stated by Chief Justice Beasley, may well be repeated at length: In “all cases in which any person undertakes the performance of an act which, if…
2Cited by13 opinions
- Renz v. Penn Central Corp.Supreme Court of New Jersey · 1981
- Gilligan v. City of ButteMontana Supreme Court · 1946
- DIGLIO EX REL. DIGLIO v. Jersey Central Power & Light Co.New Jersey Superior Court Appellate Division · 1956
- Callahan v. ButtreyDistrict Court, D. Montana · 1960
- Tiller v. BaisdenWest Virginia Supreme Court · 1945
8 more not listed; retrieve them via the Exa API.