KarlJ wrote:KarlJ - this quoted comment was directed at the question of criminal prosecution. I do not feel that they are on such safe ground in a civil action, which you have suggested by using the term "liable". The bottom line is what the hell was the engineer thinking and where were his priorities during this alledged text messaging. The term "mitigating" was used in a post here. Well, in my mind, mitigating might have been his wife texting him in an emergency telling the engineer that her water just broke. Titillating rail buffs as he passed by ? I don't think so. And as far as the question of "holding judgement" on this forum - I agree that that is what a chat room is all about. It informs, educates, and is a sounding board if it operates correctly. As long as no persons who are directly involved involve themselves in subjective and/or non-professional dialog, there is no harm. And, as a railfan, I hate to say it, but perhaps it's not a bad message to be putting out there to a forum comprised of railfans, that our hobby has some boundaries and responsibilities. Assuming that this phone text information is true, this coupled with other "typical railfan complaints", such as photography issues and speaking with RR crews on the RR's walkie radio band, needs to be addressed out in the open. If we are going to be even tolerated as a group, we must police ourselves first.3rdrail wrote: No, as there was no intent, nor could it be inferrred that they knew that what they were doing posed a high liklihood of danger due to their ages and inexperience.Any capable attorney would get them on the stand ask to be walked through the friendship or relationship these youths had with the engineer. And, give those kids a chance to tell how much they (think they) know about trains and they would run their mouths putting out more than enough evidence to conclude they may have known better than to distract the engineer.
Now while it is not likely the youths would be found directly liable, I'm confident they could be identified as contributing elements in the overall responsibility, as well they should be. Face it, whether we like it or not, someone is going to have to pay. And as far as the kids having to shoulder the load, well why not? Because for every time they were out there doing this crap, they had the opportunity to either take a chance and dodge the bullet, or to do the right thing. Now that the consequences have caught up to them, life doesn't need allow them to run and hide their heads when it doesn't pan out. Twenty-five dead... 135 injured...
~Paul Joyce~
Moderator: Toy Trains, Model Railroading, Outdoor and Live Steam
Paul Joyce passed away in August, 2013. We honor his memory and his devotion at railroad.net.
Moderator: Toy Trains, Model Railroading, Outdoor and Live Steam
Paul Joyce passed away in August, 2013. We honor his memory and his devotion at railroad.net.