Lamphear v. . N.Y.C. H.R.R.R. Co.

The deceased was struck by a train and killed, while attempting to cross the defendant's railroad tracks at a point, where there was neither street, nor highway, but, only, a footpath leading from one side to the other, through openings in the railroad fences. It was sought, upon the trial, to bring the case within the rule laid down in Keller v. Erie R. R. Co., (183 N.Y. 67); where it was decided that whoever walks upon, or along, the tracks of a railroad, except when necessary to cross the same upon some street, highway, or public place, violates the law and is like a trespasser, and that…