Chattanooga Railway & Light Co. v. Wallace

1. As to a trespasser on the track of a railroad company it is a general rule that the duty of observing ordinary care and diligence for his protection does not devolve upon the company’s agents in charge of a train, 'until his presence upon the track becomes known to them, but where the circumstances are such that they are bound on a given occasion to anticipate that a person may be upon the track at a certain place, they are under a duty to take such precautions to prevent injury as would satisfy .the requirements of ordinary care and diligence. Western. & Atlantic R. Co. v. Davis, 21 Ga.…