Question

At approximately 7:50pm , bells at a train station rang and red lights flashed,signaling an express train's approach. David Harris walked unto the tracks ignoring a yellow line painted on the platform instructing people to stand back. Two men shouted to Harris, warning him to get off the tracks. The train engineer saw him too late to stop the train, which was traveling at about 55 mph. The train struck and killed Harris. Harris's widow sued the railroad arguing that the railroads negligence caused her husband's death. Evaluate her argument?

Answer 1

Harris’s widow’s argument is not valid and she will lose the case. In this case, Harris has trespassed into the property of the railroad as he ignored and crossed the line painted on the platform instructing people to stand back. Trespassing means intentional physical invasion into another’s property without consent and even though landowners should not intentionally injure trespasser, landowners cannot be held liable for the injuries that happened out of the trespasser’s negligence. Here Harris had the duty to stay behind the yellow line which he breached by crossing the line. His breach has resulted in his death and the chances of hitting the train were foreseeable to him while he walked into the tracks. Moreover, two men had warned him to get off the tracks which he neglected. Hence Harris’s negligence is the reason behind his death. Railroads cannot be held negligible as the train engineer could not foresee a person on the track ignoring the warnings and it was too late for him to stop the train.