Legal Opinion
Reid ex rel. Reid v. Norfolk & Western Railway Co.
District Court, C.D. Illinois
Decided June 13, 1997No. 96-3044PublishedCited by 1 opinion
1Opinion of the Court
OPINION
RICHARD MILLS, District Judge.
General rule: A railroad company owes no duty to a trespasser except to refrain from inflicting wanton or willful injury.
Exception: A railroad company must use ordinary care toward those who are frequent trespassers in a limited area upon the railroad company’s property where the railroad company knows — or should know — of the trespassers’ constant intrusion.
Is a city block a “limited area” for purposes of the permissive use exception?
No.
I. BACKGROUND
On August 4,1995, between 12:00 p.m. and 1:00 p.m., Plaintiff was walking in the vicinity of the railroad…
2Cases cited22 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Ward v. K Mart Corp.Illinois Supreme Court · 1990
- Lee v. Chicago Transit AuthorityIllinois Supreme Court · 1992
17 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stitt v. Holland Abundant Life FellowshipMichigan Court of Appeals · 1998