Waters v. Long Island Rail Road

In this nonjury action for personal injuries, defendant is awarded judgment dismissing the complaint at the end of the entire case. Plaintiff, Maureen Waters, was injured when she came in contact with the electrified third rail while crossing a part of defendant’s railroad tracks known as the Mitchell spur. Her action is based on the contentions that (1) the short cut she was using had become a public way and she was, therefore, a licensee entitled to warning which was not given, and (2) even if she be deemed a trespasser, defendant as the operator of the high-voltage third rail owed her a…