Luck v. Western & Atlantic Railroad

(After stating the foregoing facts.) According to the allegations of the petition, the plaintiff, at the time he was injured, was standing on a path of the railroad right of way which ran, parallel with the main-line tracks of the railroad, “dangerously close to the rails of said track of defendant.” It was alleged that the path was six feet in width. It is apparent from the various allegations of the petition that the path running along the railroad track and crossing the tracks did not constitute a public crossing, but had been used by the public.with the tacit or constructive knowledge of…