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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."