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ACTON v. WILMINGTON AND NORTHERN R. CO.

407 A.2d 204 (1979)

Michael P. ACTON and Eileen V. Acton, Individually and as next friend of Michael P. Acton, Plaintiffs, Appellants, v. The WILMINGTON AND NORTHERN RAILROAD COMPANY, a Pennsylvania Corporation; Reading Company, a Pennsylvania Corporation; Andrew L. Lewis, Jr., and Joseph L. Castle, Trustees for the Reading Company, Debtor, Defendants, Appellees.

Supreme Court of Delaware.

Decided September 17, 1979.

Attorney(s) appearing for the Case

Robert K. Beste, Jr., of Biggs & Battaglia, Wilmington, for plaintiffs-appellants.

Richard R. Wier, Jr., of Prickett, Ward, Burt & Sanders, Wilmington, for defendants-appellees.

Before HERRMANN, C. J., DUFFY and McNEILLY, JJ.

DUFFY, Justice:

Michael P. Acton, age 11, fell while running on a railroad right-of-way beside a moving train. Tragically, his right leg was severed by one of the train wheels. Through his mother, Michael filed an action for the injury in the Superior Court against the operator of the train (and others) but that Court gave summary judgment to defendants. We must affirm.

Two questions are presented in Michael's appeal: First, is the railroad entitled to rely...

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