Re: (erielack) tresspassing and liability

["Schuyler G Larrabee" <"sgl2_@_ix.netcom.com">]

An SP-fan friend of mine has a jealously-guarded document:  a release
permitting him to railfan on SP tracks which has no expiration date, no date
of signature, nothing at all, just permission to wander around at will, and
at his own risk, of course.  He's even been lucky enough to present it to a
UP type and get away with it!

SGL
- ----- Original Message -----
From: Russell V Hallock <"rhallock_@_frontiernet.net">
To: <"erielack_@_internexus.net">
Sent: Monday, April 03, 2000 3:14 PM
Subject: (erielack) tresspassing and liability


> It used to be that if a railfan politely asked to visit a railroad, he
(she)
> would be given a release form to sign, stating in effect that he was on
his
> own and assumed all liability while on railroad property.  I always
thought
> that this was a very sensible way of doing things.  I remember  Bangor &
> Aroostook and Central Vermont as being a couple lines that were good this
> way.  I don't remember about EL.  But in recent years if I asked Conrail
or
> NJT, I either got a big runaround or NO!NO!NO!NO!.
>    Can anyone comment on whether it is still possible to sign a release
> anywhere and why or why not?  Maybe I was just asking at the wrong places.
> RH
>
>
> (snip)
>    "  I'm not a lawyer, nor do I subscribe to the current litigious
> environment,
> but having dealt with a similar 'trespassing problem' over private
property
> in my community, the following dictum on public easement may prevail in
many
> areas:
>
> In English law public rights of way are acquired by long use, by specific
> grant, or by statute.
>
> Take note of the two words 'long use.'
>
> missing
>
>
> > Michael Allen wrote:
> >
> > > The guy who is following a well used public footpath, trips on the
track
> > > and is run over by a train who's crew could see him a mile away I will
> > > work for. The railroad knew about the path, they never did anything to
> > > close it off.  .....  While I feel for the crew, the railroad is going
> > > to eat this one.
> >
> >
> >
> > NO private property owner should ever be held accountable for an
UNWANTED
> > or UNINVITED visitor who injures themselves on said property.  A
well-used
> > footpath not constructed of permenant materials (such as concrete,
> asphalt)
> > that was not built by the railroad for specific use by the public is
NOT,
> > repeat NOT, an invitation.
> >
> > Inviting people onto your property is a different story.
>
>
>
>  ------------------------------------------------------------
> Visit the erielack photopage at http://el-list.railfan.net


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Visit the erielack photopage at http://el-list.railfan.net

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