Payne v. Chambliss

1. The mere walking along a railroad track or railroad trestle is not in every case negligence per se, and, even if negligence per se, such negligence will not in every case bar a recovery for injuries received from an approaching train. Whether or not one is negligent, or to what degree he may be negligent, in crossing on a railroad trestle must be determined by the nature of the trestle, its length, height, etc., together with the character of its surroundings. Whether or not one negligently crossing upon a railroad trestle would be barred from recovery for injuries received from an…