N&W in 1910--Re: Mississippi Woman Sues RR for injuries while taking pictures.

[NW Mailing List]

Frivolous law suits against the railroads, such as the recent one in Mississippi, are not all that new as the following article reveals:

Bluefield Daily Telegraph
May 28, 1910

SUES PULLMAN COMPANY
------
Mrs. Adair Seeks Damage for Getting off Train in Rain

    Captain Spinney, the well known Pullman conductor on the Philadelphia-Gary car, and Captain John Moran returned yesterday from Princeton where they were called as witnesses in the suit of Adair vs. the Norfolk and Western and the Pullman Company.  The case was continued until August.  It appears that Mrs. Adair, who rode on a Pullman car to Ingleside, asked Captain Spinney to let her go through the train and get off from one of the coaches, being afraid she would get wet, as it was raining.  The conductor told her that train would hardly stop long enough at that point to let her go through the coaches and get off and advised her to get off from the Pullman.  She did so and in walking from the end of the Pullman to the depot became soaked with the rain and contracted such a cold that she feels she is entitled to damages and has brought suit for the same.
------
Gordon Hamilton
  ----- Original Message ----- 
  From: NW Mailing List 
  To: NW Mailing List 
  Sent: Thursday, November 19, 2009 7:12 PM
  Subject: Re: Mississippi Woman Sues RR for injuries while taking pictures.


  Ed -
  I'M NOT SAYING THAT YOU ARE WRONG, BUT, HOW WOULD ALL THOSE LAWYERS MAKE A LIVING?  THEY DON'T WISH TO WORK. OR THEY WOULD NOT CHARGE TO PRACTICE!   THEY WOULD MAKE A LIVING WHERE THEY HAD TO PERFORM! ( Like  the rest of the population!)

  Harry Thompson - Greenville NC


  On Thu, Nov 19, 2009 at 11:49 AM, NW Mailing List <nw-mailing-list at nwhs.org> wrote:

    It's such a shame where American society has gone relative to personal responsibility and accountability.  When you look at picture of rail excursions back in the 50's and 60's............and I was on some in the 70's, people were able to roam pretty freely about the property and equipment without the railway having to fear someone filing a frivolous lawsuit. David Goode clearly told us at the last NWHS Bluefield Convention about his fears that lead to the end of the NS Steam Program.  We badly need Tort Reform in this country and a return to personal responsibility and accountability for our actions!!

    Ed Painter - Narrows, VA currently living in Russellville, AR

    -----Original Message-----
    From: nw-mailing-list-bounces at nwhs.org [mailto:nw-mailing-list-bounces at nwhs.org] On Behalf Of NW Mailing List
    Sent: Wednesday, November 18, 2009 8:56 AM
    To: 'NW Mailing List'
    Subject: RE: Mississippi Woman Sues RR for injuries while taking pictures.

    This is why there are FEW steam programs...thanks morons!

    Christopher J. Bunsey
    EX TWA, Current CAL



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    -----Original Message-----
    From: nw-mailing-list-bounces at nwhs.org
    [mailto:nw-mailing-list-bounces at nwhs.org] On Behalf Of NW Mailing List
    Sent: Wednesday, November 18, 2009 2:15 AM
    To: All_Aboard at yahoogroups.com
    Subject: Mississippi Woman Sues RR for injuries while taking pictures.

    The lady was trespassing on the railroad tracks themselves when she was
    almost killed and has the audacity to sue for her stupidity. This one is as
    bad as the McDonald's coffee farse.  The problem if she gets a judge or a
    jury that sees her side the railroad will be in big trouble.   Don Mills

    5a. Ms - Woman sues RR for injuries while taking pictures
       Posted by: "Gary R. Kazin" gkazin at yahoo.com gkazin
       Date: Tue Nov 17, 2009 10:48 am ((PST))

    Woman sues RR for injuries while taking pictures

    JACKSON, Miss. - Helen Gable was taking pictures on the railroad tracks in
    Tupelo in 2006 when a train nearly cut off her leg as she tried to get out
    of the way.

    Gable and her husband are suing the railroad company for nearly $6 million.

    Gable says the company should have posted trespassing signs to keep people
    away.

    The lawsuit also claims the train was exceeding federal speed limits and
    that a cable was hanging off the side and cut her.

    BNSF Railway Company spokeswoman Suann Lundsberg said the company is
    investigating and is sympathetic to Gable's injuries, but "she admits in her
    lawsuit filing that she was trespassing" to take photos on the track.

    Lundsberg also said BNSF has equipment that detects if something is hanging
    or dragging from a train.

    http://www.google.com/hostednews/ap/article/ALeqM5ixpvo755kUDxfWZoOYGjpFxdpJ
    NgD9C1DFA03



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