The hobo had to know that it would unsafe for him to be hitching a ride on a moving train going at high speed not to mention all of the turns that the train went through and the bumps that the train went over. It can also be reasonably anticipated that a hobo would be near the railroad train and that since they couldn’t afford to actually get on that they might try something dangerous like hitching a ride on a train. After all, they’re a hobo and they have nothing to lose. The railroad company could definitely anticipate something like this happening.
The hobos counter analysis would be that there should be warning signs near or on the train that explicitly state that “hitching a ride on the train is dangerous” or “Don’t hitch a ride on the train” or something along those lines. He could also try to argue that he didn’t know it was dangerous. Lastly, he could argue that he should have been let onto the