Gulf, C. & S. F. Ry. Co. v. Russell

(after stating the case as above).

The points chiefly urged by the appellant are that: (1) The injury was not through any fault of the operatives of the locomotive of the train, but the intentional act of the appellee; and (2) the operatives of the locomotive did not and could not have timely discovered the appellee’s peril prior to his injury; and (3) the track at the point of injury was not customarily used by the public, and the appellee was a bare trespasser in using and being at the same, and no duty was owing the appellee of anticipating his presence and keeping a careful lookout for…