QUOTE(steve4031 @ Jul 21 2012, 03:11 PM)
And arrested for trespassing.
That may not be possible.
In order for a criminal charge of trespassing to be made, the property involved must be clearly identified by signs or fencing as private property. If there are no signs, fencing or other means that identifies that property as private (as is often the case with railroad property), simply entering the property is not, by legal definition, "trespassing", and charges cannot be filed. Saying that the person who entered the property should have known it was private property is not enough. The property must be marked.
For example, if you cross a neighbor's unfenced front yard, you are on that person's property and reasonably know that to be the case, but unless that person by words or a sign tells you to stay off, you are not committing criminal trespassing. If, on the other hand, you climb a fence into that person's back yard, then you are trespassing.
If a railroad is not signed, fenced or otherwise identified as private property, then the act of entering railroad property, and even crossing the tracks, is not criminal trespass. Put up signs spaced such that someone entering the property would see a sign, then it is criminal trespass.
When a person struck by a train is called a "trespasser", that may be a commonly correct description, but it may not necessarily be a legally correct description.