Re: (rshsdepot) ATSF Seligman, AZ Harvey House demolition

[luckyshow_@_mindspring.com]

and what prevents a kid anywhere in the United States from walking onto aright of way and getting hit by a train or tripping on the gravel and hitting his head on a rail, walking in the desert and tripping over a swith or abandoned siding, getting asthma from stirred up coal dust from 50 years ago, looking at an abandoned power building and getting blinded by the sun reflecting off a shard of broken glass and thus walking into the building and getting a nosebleed?, or better yet since we are talking about kids who don't know an open powered wire with transformers and repeaters all over it, what if when they grow up they go to a ROW without passenger service but not knowing this wait for a train which doesn't come or perhaps an Amtrak train which doesn't stop there zooms by; he misses an important meeting or doctor's visit, loses his job or gets sicker, and sues?  There weren't signs pointing out that trains haven't stopped there in 60 years so I guess some slick lawyer can find a law to show the railroads were negligent, why should he know the trains don't run anymore?, and perhaps the wind blows some tumbleweed i his eye so he falls off the platform and lands on an abandoned hand car getting rust cuts and since the trai doesn't come to take him to the doctor, he gets tetanus and infections?

I have absolutely no sympathy for indemnity or any of that...thes structures are historic and should be left be, or lese reopened and teh railroads should be made to have passenger traffic or sell the lines to those who will....if Americans lived in Europe there would be no more historic landmarks, all would be plowed down for parking lots and curb extnsions, and to prevent idiots and trespassers from stubbing their toes because so many can't walk and chew gum at the same time and kids today think they are immortal...

- -----Original Message-----
>From: jdent1_@_optonline.net
>Sent: Apr 15, 2008 11:22 AM
>To: rshsdepot_@_lists.railfan.net
>Subject: 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

=================================
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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