Re: NS derailment
¿ªÔÆÌåÓýMike, ? That earlier case sounds like a perversion of justice.? I¡¯m sure you are right.? The lawyers will be big winners from this derailment.? The people of East Palestine?? Who knows. ? I was hoping that there is a lawyer in this group, or someone who knows a lawyer who has some familiarity with this case. ? ? From: [email protected] <[email protected]> On Behalf Of Mike Tisdale via groups.io
Sent: Tuesday, March 21, 2023 12:04 PM To: [email protected] Subject: Re: [ObservationCar] NS derailment ? Phil,? ? I'm not sure how liability law works on a wreck like that.? Obviously, the owner of the car is partly responsible for keeping it in good repair, but the railroad is also responsible for the safe operation of its trains.? The lawyers will come out ahead, that's for sure.? I hope the people of East Palestine will also get adequate compensation for their problems. ? Nearly 50 years ago, I had a college business law class and one case was the Burlington-Rock Island wreck at Montgomery, Illinois.? Marty Barnard has a good write up about that at? ?
? The wreck was caused by the Burlington interlocking not working correctly, allowing a Burlington passenger train, the combined Ak-Sar-Ben and American Royal Zephyrs to hit the stopped detouring Rock Island Golden State-Rocky Mountain Rocket.? Even though the wreck was caused by the Burlington's faulty equipment, under the absolute liability contract for detouring trains in effect, the Rock Island was? held liable for damages, even though its train was stopped and hit by the Burlington train that had gotten a green signal when it should not have.? Quite the interesting case, to the point that it was in a business law text 11 years later. ? How East Palestine plays out is anyone's guess.? I'm sure NS will be held mostly liable, but the owner of the car might have to chip in some money, too. ? Mike Tisdale ? ? ? ? On Monday, March 20, 2023 at 10:00:59 PM PDT, Phil Burton <philip-b@...> wrote: ? ? Mike, ? I heard that also. ??I have no idea, but if the hotbox was on a shipper-owned car, who is responsible for maintaining that car, the railroad carrier or the car owner? ? I was wondering about all the lawsuits, investigations, and such.? Where is the AAR in all this? ? Phil Burton ? From: [email protected] <[email protected]> On Behalf Of Mike Tisdale via groups.io ? Last I heard, it was the hotboxvdetectors saw a bearing getting hot, but the one that finally warned the crew didn't do so until it was too late ? Mike Tisdale? ?
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