Atchison, Topeka & Santa Fe Railway Co. v. Potter

Citations

• 64 Kan. 13
• 67 P. 534
• 56 L.R.A. 575
• 1902 Kan. LEXIS 155

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Implied License to Gross Bight of Way. Before the public can be said to have acquired an implied license to cross the right of way and tracks of a railroad company, at a place other than a public crossing, so that the company, in the operation of its trains, is bound to anticipate foot-passengers at such place, the path leading to and from such right of way and tracks must be so well defined as to attract public attention and of itself be an invitation to the public to cross. The use must have been continuous and for such length of time that it may be said that the company knew, or in the exercise of ordinary care should have known, that the public was thus using its right of way.</p>