EBERHARDT, Judge.
Were the defendant railroads guilty of any actionable negligence under the facts alleged? This is the primary and controlling issue on the appeal.
The positive allegations of the petition show that the path passed through a space nine feet wide between the railroad tracks and the culvert. Given such a distance, there is simply no negligence on the part of the railroads in the maintenance of the culvert off the traveled part of the path. Foreseeability...
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