Karen B. Reardon v. Union Pacific Railroad

This is a negligence action for injuries sustained by a twelve year old girl as a result of stepping on a broken glass bottle
while walking across the railroad right of way. The trial court, sitting without a jury, found no negligence on the part of
the defendant-respondent, Union Pacific Railroad Company, and entered judgment in its favor from which the plaintiff-appellant
has taken this appeal. The pertinent facts are as follows: On September 8, 1967, Karen B. Reardon (plaintiff-appellant), stepped on a piece of broken
glass as she started to cross the Union Pacific tracks in the vicinity of Cedar Street in the City of Pocatello. Although
the record discloses a conflict in the testimony with respect to whether Karen was walking along an established pathway or
through weeds when the accident occurred, the trial court found "that plaintiff was not walking on any path but was walking
in weeds."[Footnote 1] There are no sidewalks or pedestrian walkways on either side of Cedar Street. However, where Cedar
Street and the railroad tracks intersect, there is a space where pedestrians can cross the tracks without walking on the roadway
(traveled by motor vehicles) and without walking through the weeds. The trial court did find however "That occasionally school
children walking along the edge of Cedar Street would cut across defendant's right of way and tracks instead of walking along
the edge of Cedar Street."[Footnote 2] The trial court furthermore found "That the broken bottle was buried down in the weeds
and was not found without a diligent search by the plaintiff, James M. Reardon."[Footnote 3] Thus the trial court concluded: