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Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6353921
10/22/18 05:02 PM
10/22/18 05:02 PM
Joined: Dec 2010
Posts: 11,184
Armpit, ak
D
Dirt Offline
trapper
Dirt  Offline
trapper
D

Joined: Dec 2010
Posts: 11,184
Armpit, ak
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. smile

Last edited by Dirt; 10/22/18 10:40 PM. Reason: Jim needs clarity

Who is John Galt?
Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6354216
10/22/18 10:35 PM
10/22/18 10:35 PM
Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
J
James Offline
"Minka"
James  Offline
"Minka"
J

Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
"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
Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6354269
10/22/18 11:43 PM
10/22/18 11:43 PM
Joined: Dec 2010
Posts: 11,184
Armpit, ak
D
Dirt Offline
trapper
Dirt  Offline
trapper
D

Joined: Dec 2010
Posts: 11,184
Armpit, ak
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?
Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6354286
10/23/18 12:38 AM
10/23/18 12:38 AM
Joined: Apr 2012
Posts: 388
wisconsin, manitowoc
mutt Offline
trapper
mutt  Offline
trapper

Joined: Apr 2012
Posts: 388
wisconsin, manitowoc
Form an organization dedicated enough to get it changed. If your will is stronger they will cave.

Tactics to include:
* rent a dozer and create a safe crossing("oops, wrong address")
* car trouble at a crossing 10 min before the train is scheduled (every day)
* dump truck load of gravel on the tracks
* protests at the crossings
* protests at the companies that use that rail company

Most are likely to end up with fines or jail, but maybe the railroad will give in.

I'm on your side with this. Railroad is no differant than a transmission line. If the railroad cant make reasonable ways for people to cross its continuous barricade it's time to show them where to stick it.

Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6354528
10/23/18 10:42 AM
10/23/18 10:42 AM
Joined: May 2010
Posts: 1,447
idaho
W
wallfur Offline
trapper
wallfur  Offline
trapper
W

Joined: May 2010
Posts: 1,447
idaho
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.
Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6354543
10/23/18 10:59 AM
10/23/18 10:59 AM
Joined: May 2013
Posts: 3,180
Green Bay, Wisconsin
tlguy Offline
trapper
tlguy  Offline
trapper

Joined: May 2013
Posts: 3,180
Green Bay, Wisconsin
Sure would be a shame if the railcars started a fire in that area in the spring and the wildfire crews couldn't get there to put it out.

Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6354553
10/23/18 11:09 AM
10/23/18 11:09 AM
Joined: Dec 2010
Posts: 11,184
Armpit, ak
D
Dirt Offline
trapper
Dirt  Offline
trapper
D

Joined: Dec 2010
Posts: 11,184
Armpit, ak
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?
Re: Crossing railroad tracks to access public lands [Re: Dirt] #6354612
10/23/18 01:05 PM
10/23/18 01:05 PM
Joined: Nov 2011
Posts: 9,132
SWMo.
T
tjm Offline
trapper
tjm  Offline
trapper
T

Joined: Nov 2011
Posts: 9,132
SWMo.
Originally Posted By: Dirt

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 ...

Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6354621
10/23/18 01:16 PM
10/23/18 01:16 PM
Joined: May 2010
Posts: 28,978
potter co. p.a.
P
pcr2 Offline
"Twerker"
pcr2  Offline
"Twerker"
P

Joined: May 2010
Posts: 28,978
potter co. p.a.
just heard a rumor they are putting tracks at the mexican border to stop the herd of immigrants. grin









Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6354627
10/23/18 01:29 PM
10/23/18 01:29 PM
Joined: May 2010
Posts: 1,447
idaho
W
wallfur Offline
trapper
wallfur  Offline
trapper
W

Joined: May 2010
Posts: 1,447
idaho
great news!we can also use the freight trains to haul them free cell phones ..food stamps ..and voting packets!

Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6763893
02/09/20 09:22 AM
02/09/20 09:22 AM
Joined: Feb 2013
Posts: 2,801
WI
WIMarshRAT Offline
trapper
WIMarshRAT  Offline
trapper

Joined: Feb 2013
Posts: 2,801
WI


Life isn't about waiting for the storm to pass...it's about learning to dance in the rain!
Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6763902
02/09/20 09:31 AM
02/09/20 09:31 AM
Joined: Feb 2010
Posts: 19,719
pa
H
hippie Offline
trapper
hippie  Offline
trapper
H

Joined: Feb 2010
Posts: 19,719
pa
Look who led the effort, the irony.

Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6763909
02/09/20 09:40 AM
02/09/20 09:40 AM
Joined: Dec 2006
Posts: 5,464
Wisconsin
Muskrat Offline OP
trapper
Muskrat  Offline OP
trapper

Joined: Dec 2006
Posts: 5,464
Wisconsin
Yuppers, been in the works for awhile now. Let's hope they can work together and fix the problem.

Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6763910
02/09/20 09:40 AM
02/09/20 09:40 AM
Joined: Oct 2018
Posts: 5,570
Dunbar, Wisconsin
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Pike River Offline
trapper
Pike River  Offline
trapper
P

Joined: Oct 2018
Posts: 5,570
Dunbar, Wisconsin
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.

Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6763913
02/09/20 09:41 AM
02/09/20 09:41 AM
Joined: Sep 2012
Posts: 6,119
Northern Wisconsin,Rhinelander
Hodagtrapper Offline
Muskrat Master
Hodagtrapper  Offline
Muskrat Master

Joined: Sep 2012
Posts: 6,119
Northern Wisconsin,Rhinelander
Glad to see that this issue is back in the news and it is the hope of many Wisconsinites that the law is changed to benefit the sportsman for once!

Chris


>>In God we trust<<
Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6763918
02/09/20 09:44 AM
02/09/20 09:44 AM
Joined: Dec 2006
Posts: 5,564
La Crosse, WI
Macthediver Offline
trapper
Macthediver  Offline
trapper

Joined: Dec 2006
Posts: 5,564
La Crosse, WI
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"

Re: Crossing railroad tracks to access public lands [Re: Macthediver] #6764005
02/09/20 10:20 AM
02/09/20 10:20 AM
Joined: Dec 2006
Posts: 5,464
Wisconsin
Muskrat Offline OP
trapper
Muskrat  Offline OP
trapper

Joined: Dec 2006
Posts: 5,464
Wisconsin
Originally Posted by Macthediver
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.

Originally Posted by Pike River
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.

Re: Crossing railroad tracks to access public lands [Re: hippie] #6764013
02/09/20 10:29 AM
02/09/20 10:29 AM
Joined: Dec 2006
Posts: 5,464
Wisconsin
Muskrat Offline OP
trapper
Muskrat  Offline OP
trapper

Joined: Dec 2006
Posts: 5,464
Wisconsin
Originally Posted by hippie
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.

Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6764035
02/09/20 10:40 AM
02/09/20 10:40 AM
Joined: Jan 2007
Posts: 7,181
Wisconsin
M
Moosetrot Offline
trapper
Moosetrot  Offline
trapper
M

Joined: Jan 2007
Posts: 7,181
Wisconsin
Well, Muskrat, maybe things like our trip to Stoddard are starting to pay off.

Moosetrot

Re: Crossing railroad tracks to access public lands [Re: Muskrat] #6764053
02/09/20 10:52 AM
02/09/20 10:52 AM
Joined: Dec 2006
Posts: 7,166
Three Lakes,WI 72
C
corky Offline
trapper
corky  Offline
trapper
C

Joined: Dec 2006
Posts: 7,166
Three Lakes,WI 72
I just contacted Sen. Tiffany and Rep. Swearingen from this area asking them to cosponsor LRB 5428. I hope others do the same with their legislators whether you have a personal interest or not. Legislators need to know that sportsmen care about these types of issues.

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