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Erie asserted that its duty to Tompkikns was no greater than that owed to a
tresspasser. Therefore, its duty to Tompkins and hence its liability should
be determined in accordance with Pennsylvania Law that says "persons who use
pathways along the railroad are deemed tresspassers and the railroad is not
liable for injuries to undiscovered trespassers resulting from its
negligence, unless it be wanton or willfull."