Friday, October 10, 2014

Sheehan v. St. Paul case brief summary


Sheehan v. St. Paul case brief summary

F: P was walking of D’s railway track when his foot became stuck between 2 portions of the track.
Unable to dislodge the foot before the approaching train could stop, D’s foot was run over. TC enters directed verdict for D.
AC affirms
.


I:
Whether The railway co. owes duty to trespassers who enter on to tracks assume their own risks, particularly in such remote areas of track.


R: The railway co. does not owe duty to trespassers who enter on to tracks assume their own risks
No distinction btw artificial and natural
No duty until you see trespasser


A: The railway company owes a public duty to areas such as street crossings where it is presumable that persons would come in contact with a train.
In this case, no such duty is owed.
The P was actually trespassing on the land of the railway in a remote location where the probability of a person coming into contact with a train was highly unlikely, in the absence of the P’s trespassory actions.


C: affirmed

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