Re: Crossing railroad tracks to access public lands
[Re: Muskrat]
#6353921
10/22/18 05:02 PM
10/22/18 05:02 PM
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Joined: Dec 2010
Posts: 11,215 Armpit, ak
Dirt
trapper
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trapper
Joined: Dec 2010
Posts: 11,215
Armpit, ak
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However, maybe Jim can lawyer up on this one. If the railroad tells you not to cross the tracks and doesn't enforce it, and you do cross the tracks, does that not relieve them of liability in case you get hurt on their property? Kind of a Wink! Wink! deal. Then again Jim left out the fact that the Alaska Railroad is owned by the State of Alaska. So,I guess you could blame the State of Alaska for preventing Jim from accessing his public land.
Last edited by Dirt; 10/22/18 10:40 PM. Reason: Jim needs clarity
Who is John Galt?
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Re: Crossing railroad tracks to access public lands
[Re: Muskrat]
#6354216
10/22/18 10:35 PM
10/22/18 10:35 PM
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Joined: Dec 2006
Posts: 17,379 Coeur d' Alene, Idaho
James
"Minka"
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"Minka"
Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
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"If the railroad tells you not to cross the tracks and doesn't enforce it, and you do, does that not relieve them of liability in case you get hurt on their property?"
Why would you want to enforce the RR's trespassing policies for them? lol
Under AK law, a landowner does owe a duty of reasonable care that extends even to trespassers. If an owner pursues hazardous activities on his land, and doesn't use reasonable care to protect others, he might be liable. If the plaintiff can convince a jury to award damages.
But the legislature could grant the RR at least partial immunity from lawsuits.
Jim
Forum Infidel since 2001
"And that troll bs is something triggered snowflakes say when they dont like what someone posts." - Boco
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Re: Crossing railroad tracks to access public lands
[Re: Muskrat]
#6354269
10/22/18 11:43 PM
10/22/18 11:43 PM
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Joined: Dec 2010
Posts: 11,215 Armpit, ak
Dirt
trapper
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trapper
Joined: Dec 2010
Posts: 11,215
Armpit, ak
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I done some internut research Jim and it seems unlikely that the railroad would get sued if they put up some liability signs at these crossings. Stuff like "Danger No trespassing." Then somebody would actually have to get hurt, which is highly unlikely. I saw nothing that the railroad has to police this. You were warned and now you assume the liability for your own actions. Guys can go fishing and the railroad can maintain their property rights. Win,Win. Well except for the lawyers.
However in the tin foil area BNSF is Buffet's railroad and he was Obama's buddy and probably ain't a Walker fan.
Last edited by Dirt; 10/22/18 11:47 PM.
Who is John Galt?
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Re: Crossing railroad tracks to access public lands
[Re: Muskrat]
#6354528
10/23/18 10:42 AM
10/23/18 10:42 AM
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Joined: May 2010
Posts: 1,447 idaho
wallfur
trapper
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trapper
Joined: May 2010
Posts: 1,447
idaho
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mutt you go first...I will follow you.lol...but it might be cheaper to pay for a crossing! lol
Last edited by wallfur; 10/23/18 10:45 AM.
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Re: Crossing railroad tracks to access public lands
[Re: Muskrat]
#6354553
10/23/18 11:09 AM
10/23/18 11:09 AM
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Joined: Dec 2010
Posts: 11,215 Armpit, ak
Dirt
trapper
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trapper
Joined: Dec 2010
Posts: 11,215
Armpit, ak
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I like violence as much as the next guy, but probably you would get a better reaction with some protest signs at a crossing, having your sad children holding fishing poles and whining about how the children are being robbed of their heritage. Set this up with the local television station. 20 whiners should be enough just narrow the camera view so viewers don't know how few you are.
Big companies hate bad press.
Who is John Galt?
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Re: Crossing railroad tracks to access public lands
[Re: Dirt]
#6354612
10/23/18 01:05 PM
10/23/18 01:05 PM
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Joined: Nov 2011
Posts: 9,132 SWMo.
tjm
trapper
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trapper
Joined: Nov 2011
Posts: 9,132
SWMo.
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P.S. For all the lawyers, you don't allow trespassing. Trespassing is entering property without permission. You can't give someone permission to trespass. Carry on!
All across the the NW mountain states they have "trespass fees", so in some states I guess you can rent some one permission to trespass. I've always thought trespass was a crime, but ...
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Re: Crossing railroad tracks to access public lands
[Re: Muskrat]
#6763918
02/09/20 09:44 AM
02/09/20 09:44 AM
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Joined: Dec 2006
Posts: 5,578 La Crosse, WI
Macthediver
trapper
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trapper
Joined: Dec 2006
Posts: 5,578
La Crosse, WI
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I still believe some of the reason this no crossing the tracks came about. Was in retaliation to all the greenie type people here along the river complaining about the oil trains..Maybe now that they have quit their campaign to stop the trains.. Them politicians can get us back across the tracks.. I did see a guy go across the other day looked to be going trapping..Where he was parked is a good chance that rail road Dick will check him. He might have crossed at the road grade by where he was parked.. Sled tracks in snow kinda din't look that way??
Mac
"Never Forget Which Way Is Up"
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Re: Crossing railroad tracks to access public lands
[Re: Macthediver]
#6764005
02/09/20 10:20 AM
02/09/20 10:20 AM
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Joined: Dec 2006
Posts: 5,474 Wisconsin
Muskrat
OP
trapper
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OP
trapper
Joined: Dec 2006
Posts: 5,474
Wisconsin
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I still believe some of the reason this no crossing the tracks came about. Was in retaliation to all the greenie type people here along the river complaining about the oil trains..Maybe now that they have quit their campaign to stop the trains.. Them politicians can get us back across the tracks.. I did see a guy go across the other day looked to be going trapping..Where he was parked is a good chance that rail road Dick will check him. He might have crossed at the road grade by where he was parked.. Sled tracks in snow kinda din't look that way??
Mac I've had no issues. This isn't really a liberal vs conservative issue.
Its a local vs the rest of the state and lobbiest issue.
Tho writers and sponsors are from the region affected.
The rest of the state doesn't care. Same goes for the members on here who give us all sorts of reasons why we shouldn't be accessing public lands and waters by crossing the tracks like we've done all our lives. They really don't care and it doesn't affect them directly.
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Re: Crossing railroad tracks to access public lands
[Re: hippie]
#6764013
02/09/20 10:29 AM
02/09/20 10:29 AM
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Joined: Dec 2006
Posts: 5,474 Wisconsin
Muskrat
OP
trapper
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OP
trapper
Joined: Dec 2006
Posts: 5,474
Wisconsin
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Look who led the effort, the irony. Maybe common sense of this issue is beginning to sprout in Wisconsin. I sure don't see it coming from the governor's office, either past or present.
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