Ah but in the days of the Master Neverers (the mid 1960s) Master Herrington had not crawled through the damaged fence onto the London Tilbury & Southend line and been hit by a train. His parents had not sued B.R. and the Lord Chancellor had not given the House of Lords the dury of it reviewing fundamental rulings, one of which, until that time was that the trespasser was entirely responsible for any accident that might befall him (or her). As Master Herrington was about 6 at the time and B.R. knew about the hole in the fence and had done nothing to repair it, it is hardly surprising that their Lordships made a new ruling... B.R. were responsible, they owed Herrington & Others a duty of care! That happened in 1973.