Locke v. Payne

It appears that Locke used the defendant’s premises and the adjacent highway, where passengers waiting for trains were accustomed to congregate, as a place in which to carry on his business of selling papers. He was not a customer of the railroad, nor was he a highway traveler intending to cross the railroad tracks. The utmost that can be said in the plaintiff’s favor is that he was at this place to the knowledge of the defendant. Apparently the defendant did not object to the use he made of the premises, and the questions presented relate to the duty owed to him under such circumstances. In…