Southern Railway Co. v. Hicks

This case is before the court on exceptions to the overruling of a general demurrer. The petition contained the following allegations: The plaintiff was injured by the running of the defendant’s cars. Plaintiff approached said railroad along a path leading to the tracks, and at the point where he was struck and all along either side of said tracks there were distinct and well-beaten pathways which had been in constant use by the general public for twenty-five years, which was a fact well known to the defendant, its agents and employees. Before going on the right of way along said trail…