The following excerpt is from Power v. Union Pac. R. Co., 655 F.2d 1380 (9th Cir. 1981):
2 Arguably the rule that an engineer need not brake until it is apparent that a trespasser intends to remain in peril also comports with Washington's test for proximate cause. See King v. City of Seattle, 84 Wash.2d 239, 525 P.2d 228, 234-35 (1974) (en banc) (legal liability determined upon mixed considerations of logic, common sense, justice, policy, and precedent). As the record reveals, pulling the emergency brake on a locomotive going 50 or 60 miles an hour always runs the risk of derailment. Given the frequency with which pedestrians walk on or near railroad tracks, requiring emergency procedures upon sight of pedestrians would be an unreasonable burden on the railroad and a safety hazard.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.