Nieuwstraten v. Atlantic Coast Line Railroad

1. One of the issues in the case was whether the railroad company, on the day of the accident, knew that the plaintiff was using the particular railroad-track, or that he would be in the particular shed, for the purpose of putting out “range flags.” The company contended that it had no notice or knowledge of this act. The plaintiff contended that an invitation had been given by the company to Captain Smedile for the employees of the engineering corps, of whom the plaintiff was one, to come on the company’s property in order to erect “range flags” on the building. Under the evidence it…