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TRESPASSING ON RR PROPERTY
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   Author  Topic: TRESPASSING ON RR PROPERTY  (Read 2929 times)
EMTRailfan
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Re: TRESPASSING ON RR PROPERTY
 
« Reply #40 on: Sep 7th, 2008, 11:20am »
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on Sep 7th, 2008, 9:52am, Anthony_RMLI wrote:       (Click here for original message)
I wonder how fast the train was going and what they were trying to to.
 
Anthony

 
Dumb A$$ kids doing stupid things.  It should be legal in this case for the train crew to stop and slap the crap out of this girl.  Same for the kids in the video below.
 
Here a video of 2 more under developed individuals: http://www.rail-videos.net/video/view.php?id=3415


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Anthony_RMLI
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Re: TRESPASSING ON RR PROPERTY
 
« Reply #41 on: Sep 7th, 2008, 5:16pm »
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That one was very close. Thanks for posting it
 
Anthony


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Piglet
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Re: TRESPASSING ON RR PROPERTY
 
« Reply #42 on: Jun 3rd, 2012, 10:55am »
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Yesterday on my way down Blackfoot Trail in Calgary AB, I passed the yard throat where the line from Edmonton enters the main yard.  Right in the middle of the switches there, where a large group of "people" (I would choose another term but its not polite).  It was a wedding party, and the photographer was standing in the middle of the line.  I just hope the CP Police gifted them with a lovely ticket for the pictures.  I would have called them myself but sitting on the pointy end of 140 feet of truck in traffic, that is not an option.  People never stop amazing me at how dense they are becoming safety wise.  No wonder we are starting to wind up with a nanny state when people fail to plug in their brains.

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Railroad_Buff
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Re: TRESPASSING ON RR PROPERTY
 
« Reply #43 on: Jun 12th, 2012, 11:04pm »
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Those kind give us Rail Fans a bad name. and that's why the railroads are cracking down on rail fanners all over the US and World.  
 
Tim


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ClydeDET
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Re: TRESPASSING ON RR PROPERTY
 
« Reply #44 on: Jun 13th, 2012, 1:15pm »
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on Jun 3rd, 2012, 10:55am, Piglet wrote:       (Click here for original message)
Yesterday on my way down Blackfoot Trail in Calgary AB, I passed the yard throat where the line from Edmonton enters the main yard.  Right in the middle of the switches there, where a large group of "people" (I would choose another term but its not polite).  It was a wedding party, and the photographer was standing in the middle of the line.  I just hope the CP Police gifted them with a lovely ticket for the pictures.  I would have called them myself but sitting on the pointy end of 140 feet of truck in traffic, that is not an option.  People never stop amazing me at how dense they are becoming safety wise.  No wonder we are starting to wind up with a nanny state when people fail to plug in their brains.

 
I would wonder what they were thinking about - except it is obvious that THINKING wasn't part of the activity at all.
 
And - as much of a railfan as i am, I don't really see that as a backdrop for a great wedding picture, not at all.


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Piglet
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Re: TRESPASSING ON RR PROPERTY
 
« Reply #45 on: Jun 15th, 2012, 1:14am »
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I did some checking and apparently this is one of the "new things" in wedding pictures.  I can 'think of a lot of places to take pictures at a wedding and that isn't one of them.

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Sprung_Frog

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Re: TRESPASSING ON RR PROPERTY
 
« Reply #46 on: Jul 5th, 2012, 1:59pm »
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I think railfans have no problem giving themselves a bad name.
 
http://www.railpictures.net/viewphoto.php?id=394169&nseq=6


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George_Harris
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Re: TRESPASSING ON RR PROPERTY
 
« Reply #47 on: Jul 5th, 2012, 7:03pm »
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on Jul 5th, 2012, 1:59pm, Sprung_Frog wrote:       (Click here for original message)
I think railfans have no problem giving themselves a bad name.
 
http://www.railpictures.net/viewphoto.php?id=394169&nseq=6

I have trouble seeing how these characters are giving railfans a bad name.  they are well away from any active tracks.  
 
There is also a very strong possibility that these tracks and the land under them are not even owned by BNSF, and therefore BNSF would have no standing in claiming trespassing.  
 
In a word, lighten up.  Even if trespassing, these guys are not doing anything stupid.  As far as attempting to enforce the trespass law on all you see breaking it, that comes under the concept of, "He who is without sin cast the first stone."  If you have never broken any law then maybe, just maybe, you have a right to say something about these guys.  
 
Just for information, there are a lot of non-railroad owned tracks out there that are on railroad land.  The common practice is that company ownership ends at the clearance point, which point is normally marked by a derail, as sign, or some other manner with the track beyond that point owned by the industry.  
 
This is why you can see in many places turnouts removed and a few feet beyond and the rest of the industry track still there.  The railroad company will not remove it because they do not own it.  
 
Again, just looking at the picture, we do not know who owns these tracks or the land under them, nor do we know whether or not they are still in service,  Should we actually trespass to the point that it could be seen, it might be found that the turnout into the BNSF track has been removed all or in part or the switch spiked.  If any of these have happened, there is no need to go with the expect a train at any time on any track from either direction moving at or in excess of the maximum allowable speed.


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ClydeDET
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Re: TRESPASSING ON RR PROPERTY
 
« Reply #48 on: Jul 7th, 2012, 1:51pm »
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Information on the location and parties:
 
The tracks that we were on is owned by Tacoma Rail(ex-Milwaukee Road/ex-Chehalis Western), and was inactive at the time(2005). Now(2012) the only use of these tracks is for long term storage. The track leading towards the BNSF train is the connection track to the BNSF, which is also rarely used. No railfans or railroaders were hurt in the making of this photo, as you can see we were a very safe distance away from the active mainline. No harm, no foul..
 
I would observe that the track has neither been used nor maintained for a considerable time (matter of several years, I'd suggest) as of the 2005 date of the photos. One does need to use at least a modicum of observation of the area and sense before commenting. That said, trespass n railroadprperty or setting up close to an active line even if not trespassing ain't either legal (trespass) OR bright (trespass OR close).


« Last Edit: Jul 7th, 2012, 1:53pm by ClydeDET » Logged
RailCop
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Re: TRESPASSING ON RR PROPERTY
 
« Reply #49 on: Aug 3rd, 2012, 6:26pm »
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A question if I may:  if the railfan on the ladder had slipped and fell to the ground, possibly fracturing his arm, who would be liable? It may not be BNSF property but it IS somebody's property. And I'll bet not one of you had the property owners permission (verbal or in writing) to be there. Just making a point. It's the liability factor that is at issue here. Trespassing is trespassing, be it on railroad property or my front yard.

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Norm_Anderson
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Re: TRESPASSING ON RR PROPERTY
 
« Reply #50 on: Aug 4th, 2012, 1:45am »
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I agree.  Runaway litigation is the real culprit here.  I well recall "trackside photos" taken years ago, where railfans could be seen standing atop signal bridges, on the catwalks of boxcars, and in other locations that would be unthinkable today.  Maybe it's just wishful thinking on my part, but I suspect that back then, if someone had dared to sue the railroad for their injuries, the judge would have looked at the plaintiff and simply said, "Don't be so stupid next time!"  The Everybody's A Victim mentality has caused great mischief to our social fabric.
 
 
All that being said, however, and realities being what they are today, my trespassing-on-railroad-property days are over.
 
Regards,
 
Norm


« Last Edit: Aug 4th, 2012, 1:50am by Norm_Anderson » Logged
ClydeDET
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Re: TRESPASSING ON RR PROPERTY
 
« Reply #51 on: Aug 4th, 2012, 9:13pm »
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Well, when I took torts, a landowner owed very little duty to a trespasser. Not to injure him intentionally or negligently. Warn of dangers that are not open, obvious and apparent. Not maintain an attractive nuisance (the Turn-table Cases).  
 
Things have narrowed some of those doctrines somewhat since the early 1970s when i was in law school (can it be that I started law school over 40 years ago? yes, looks like it can), but they still hold in general.


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