Brady v. Consolidated Rail Corp.

In determining whether the trial court properly granted summary judgment to appellant Conrail below, we must first decide whether a police officer injured in the performance of his duties on a railroad right-of-way is a licensee or an invitee with respect to the railroad. In Scheurer v. Trustees of the Open Bible Church (1963), 175 Ohio St. 163, 23 O.O. 2d 453, 192 N.E. 2d 38, paragraph one of the syllabus, this court held that “[a] policeman entering upon privately owned premises in the performance of his official duty without an express or implied invitation enters under authority of law…