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Re: (rshsdepot) ATSF Seligman, AZ Harvey House demolition
Just a few weeks ago the award was upheld, see:
http://www.paed.uscourts.gov/documents/opinions/08D0377P.pdf
I agree Seth, that it is a different issue, but if a teenager can win a case, after climbing atop railroad equipment, he could forseeably win a case after entering abandoned property (building) and then injuring himself (from such things as a stair collapse or floor collapse).
- ----- Original Message -----
From: seth bramson
Date: Tuesday, April 15, 2008 11:08 am
Subject: Re: (rshsdepot) ATSF Seligman, AZ Harvey House demolition
To: rshsdepot_@_lists.railfan.net, luckyshow@mindspring.com
>
> ----- Original Message -----
> From:
> Subject: Re: (rshsdepot) ATSF Seligman, AZ Harvey House demolition
>
>
> > Paul,
> >
> > Read this case:
> >
> http://www.morelaw.com/verdicts/case.asp?n=04CV955&s=PA%20%20%20%20%20%20%20%20&d=32462>
> > And tell me how that reconciles with what you stated below.
>
> >>>Interesting, Jim.
>
> What happened on appeal?
>
> And as far as "reconciling" I think and believe it is two
> different issues.
>
> The fact that two STUPID kids decided to play on the trains
> should not have
> created that level of liability for the railroads involved.
> However, there
> may be some validity in the fact that, apparently, the railroads
> involved
> did not exercise good judgement when they failed to give
> constructive notice
> of possible hazards.
> > ----- Original Message -----
> > From: luckyshow_@_mindspring.com
> > Date: Tuesday, April 15, 2008 10:22 am
> > Subject: Re: (rshsdepot) ATSF Seligman, AZ Harvey House demolition
> > To: rshsdepot_@_lists.railfan.net
> >
> >> In the 40, 50 years that railroads have been abandoning
> >> facilities and stations and water towers and freight facilities,
> >> can someone tell me how many instances of injury where railroads
> >> had to pay damages, were sued, etc.? Does it actually happen or
> >> is this just about insurance costs and nothing else...for
> >> decades going cross country I stopped at such abandoned
> >> structures and looked around, at times inside. I never saw dead
> >> bodies, injured peeople, satanic cults or anything of the kind,
> >> just falling apart structures, which fell apart more the next
> >> year, etc....
> >>
> >> I am perplexed by all the panic to clear off everything and
> >> leave empty lots in their place...I see no point in it...I want
> >> to know how many times this structure, for instance, was
> >> involved in any litigation or settlement or if this really
> >> happens to thismega corporations with their cookie cutter
> >> lawyers and such which a while ago determined that these
> >> structures sitting there harming no one for years and years are
> >> all of a sudden seen as huge liabilities..
> >>
> >> I for one fail to grasp this nonsense that all else accept as
> >> gospel...most of these railroads were given the land for free
> >> and no doubt got variences and public infrastructure
> >> enhancements and frankly this all should just be public property
> >> by reversion and eminent domain.
>
> ================================
> The Railroad Station Historical Society maintains a database of
> existingrailroad structures at: http://www.rrshs.org
> To Unsubscribe: http://lists.railfan.net/rshsdepot-photo/unsub.html
>
Jim Dent
Oakland, NJ
=================================
The Railroad Station Historical Society maintains a database of existing
railroad structures at: http://www.rrshs.org
To Unsubscribe: http://lists.railfan.net/rshsdepot-photo/unsub.html
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