Illinois Central Gulf Railroad v. Burns

LEE, Justice, specially

concurring:

I specially concur with the majority opinion and make additional comments on the case. The accident occurred at a little-used private crossing which provided access to the Stegall land upon which Mr. Bums and his sons were about to enter. The land was not posted and, in my opinion, the Burns were licensees, not trespassers. The duty owed to a licensee and trespasser is the same, i. e., not to willfully or wantonly injure him. However, this rule is not so strict and is modified when applied to persons passing over private crossings. In that event, the train…