Railroad Permissive Crossings—Has the ‘Well-Worn Path’ Worn Out Its Welcome? – New Jersey Law Journal

Overview

In a recent article published by New Jersey Law Journal, Raymond Hunter discusses the potential impact of Pennsylvania statutory law on common law-created railroad permissive crossings.

“More than a decade before the birth of America’s first Transcontinental Railroad in 1869, Pennsylvania courts recognized the right of pedestrians to cross railroad tracks under licensee status in areas where no bona fide designated public crossings existed,” Hunter writes. “ These ‘permissive crossings’ (or ‘permissive ways’) relieved pedestrians of the burden and indignity of being branded with the dreaded ‘Scarlet T’ marking trespasser status while in the act of crossing.”

Subscribers may read the full article here.

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