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REID v. NORFOLK AND WESTERN RY. CO.

No. 96-3044.

964 F.Supp. 1249 (1997)

Charles REID, a minor by Lindell REID, his father and next friend, Plaintiff, v. NORFOLK AND WESTERN RAILWAY COMPANY, a Virginia Company, Defendant.

United States District Court, C.D. Illinois, Springfield Division.

June 13, 1997.

Attorney(s) appearing for the Case

Russell K. Benton, Springfield, IL, for Plaintiff.

Thomas W. Alvey, Jr., Kurt E. Reitz, Mary Sue Juen, Belleville, IL, for Defendant.

OPINION

RICHARD MILLS, District Judge.

General rule: A railroad company owes no duty to a trespasser except to refrain from inflicting wanton or willful injury.

Exception: A railroad company must use ordinary care toward those who are frequent trespassers in a limited area upon the railroad company's property where the railroad company knows — or should know — of the trespassers' constant intrusion.

Is a...

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