Railroad had no duty to protect trespassing youth, says Illinois Supreme Court

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A railroad had no duty to prevent injuries suffered by a boy who attempted to jump a slow-moving freight train, the Illinois Supreme Court has ruled in vacating a $3.9 million jury verdict.

The plaintiff was 12 years old when he attempted to take a shortcut through a CSX rail yard to visit a friend’s house. Chain link fencing posted with “NO TRESPASSING” signs protected both sides of the tracks, however the fence only went part way on one side, and there was a hole in the fence on the other side that local residents used as a shortcut.

At the time the plaintiff took the short cut, a slow-moving freight train was passing through the yard. The plaintiff made three attempts to jump the train. On his third attempt, he fell. His left foot was severed when his leg went under the train.

The plaintiff sued, alleging that CSX was negligent in failing to have the rail yard fully secured with fencing and in failing to construct a safe, convenient corridor for neighborhood residents to get across the tracks.

But the state supreme court concluded that the railroad did not breach a duty of care.

“It has never been part of our law that a landowner may be liable to a trespasser who proceeds to wantonly expose himself to unmistakable danger in total disregard of a fully understood risk, simply for the thrill of the venture,” the court said.

Illinois Supreme Court. Choate v. Indiana Harbor Belt Railroad Co., No. 112948. Sept. 20, 2012. Lawyers USA No. 993-3521.