Miller v. Baldwin

The only theory on which recovery against the defendant can be predicated is, as stated in the majority opinion herein. handed down, that where a person, as was the decedent in this case, is killed after having gone upon a railroad track and become incapitated, in a locality which by its nature is so dangerous, the operators of railroad trains running through such locality are charged with the knowledge of the conditions which exist, and must control their trains under a reasonable expectation that a person may be found at any time lying on the track, unable to extricate himself from danger.…