Losey v. Atchison, Topeka & Santa Fe Railway Co.

(dissenting) : In order that the appellee may discharge its public duties as a common carrier it is entitled to the exclusive possession of its switch yards and tracks, and it owes no duty to be cautious toward one who enters upon such property without right.

“A railway company has exclusive right to occupy, use and enjoy its railway tracks, trestlework, and bridges, and such exclusive right is absolutely necessary to enable it to properly perform its duties, and any person walking upon a track or bridge, or any part, of the same, of a railway track [company] without the consent, of the…