Anderson v. Green Bay & Western Railroad

Barbara Anderson alleges that the Green Bay & Western Railroad’s negligent operation of its train and its failure to have fenced the location of an accident caused her serious injuries. The railroad argues that because Anderson was an undiscovered trespasser, it had no duty to exercise ordinary care toward her. Rather, its only duty was to refrain from willfully and intentionally injuring her. Because we conclude that the railroad breached no duty to Anderson, and that Anderson is not a member of the class intended to be protected by the fencing statute, 1 we affirm the trial court’s grant of…