September 11, 2018 09:58AM
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Registered: 16 years ago
Posts: 765
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If the locomotives were responsible for the fire that does not mean by itself that the D&S should be held liable for the damages these people are claiming. The railroad was there long before these people moved in. I am sure they knew the steam locomotives regularly worked the grade. That being said, the residents and businesses bought and built there knowing full well they were near the railroad and any history of previous fires it may have caused. I would think therefore that these individuals, as unfortunate as their loss was, had "assumed the risk" of a fire from nearby coal burning locomotives......as well as fire from lightening. Assumption of the risk is in many jurisdictions a defense to a claim of negligence, and I would assume it is so in Colorado. Also, there is the concept of comparative negligence.
It is interesting to note also that the law of negligence and causation was pretty much developed during the steam locomotive era. When I was in law school some 48 years ago, we read many cases concerning the liability of railroads and causation and how far that liability extended. It was fascinating reading.
I do not claim to know the evidence or circumstances surrounding the cause of the fire, but only say the foregoing as general propositions.
Dan Markoff
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Chris Webster |
September 11, 2018 07:53AM |
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RDannemann |
September 11, 2018 09:05AM |
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Dan Markoff |
September 11, 2018 09:58AM |
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Tomstp |
September 11, 2018 10:34AM |
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John West |
September 11, 2018 10:49AM |
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george pearce |
September 11, 2018 10:38AM |
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el gringo grande |
September 11, 2018 10:48AM |
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el gringo grande |
September 11, 2018 10:45AM |
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guymonmd |
September 11, 2018 11:56AM |
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Jerry474 |
September 11, 2018 12:55PM |
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gregcoit |
September 14, 2018 08:35AM |
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Jerry474 |
September 14, 2018 10:03AM |
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Tim Schreiner |
September 14, 2018 11:28AM |
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Greg Scholl |
September 11, 2018 01:00PM |
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KevinM |
September 11, 2018 02:55PM |
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Jerry474 |
September 11, 2018 03:11PM |
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Como |
September 11, 2018 02:53PM |
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Tomstp |
September 11, 2018 03:06PM |
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Jerry474 |
September 11, 2018 03:13PM |
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Jerry474 |
September 11, 2018 04:12PM |
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TheTrekki |
September 12, 2018 02:16AM |
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John West |
September 11, 2018 04:22PM |
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Jerry474 |
September 11, 2018 05:20PM |
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Brian Norden |
September 11, 2018 06:01PM |
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Jerry474 |
September 11, 2018 06:27PM |
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philip.marshall |
September 11, 2018 06:32PM |
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Brian Norden |
September 11, 2018 10:09PM |
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Chris Webster |
September 12, 2018 05:35PM |
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Samart |
September 11, 2018 05:21PM |
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Jerry474 |
September 11, 2018 06:28PM |
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gregcoit |
September 14, 2018 08:44AM |
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kcsivils |
September 14, 2018 09:55AM |
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Earl |
September 14, 2018 10:11AM |
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guymonmd |
September 14, 2018 11:36AM |
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Earl |
September 14, 2018 12:20PM |
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Jerry474 |
September 14, 2018 01:28PM |
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Samart |
September 14, 2018 01:08PM |
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Kelly Anderson |
September 11, 2018 05:51PM |
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Jerry474 |
September 11, 2018 06:25PM |
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Mike |
September 11, 2018 06:38PM |
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et&wnc |
September 12, 2018 09:46AM |
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drgwk37 |
September 11, 2018 06:55PM |
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Mark Petersen |
September 11, 2018 08:48PM |
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mrwalsh85 |
September 12, 2018 04:54AM |
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BodieCalifornia |
September 12, 2018 05:47AM |
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Ron Keagle |
September 12, 2018 07:51AM |
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Peyton Smith |
September 12, 2018 08:07AM |
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Jerry474 |
September 12, 2018 08:35AM |
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Peyton Smith |
September 12, 2018 08:45AM |
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Jerry474 |
September 12, 2018 09:35AM |
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Earl |
September 12, 2018 11:09AM |
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Peyton Smith |
September 12, 2018 02:35PM |
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Jerry474 |
September 12, 2018 02:46PM |
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drgwk37 |
September 13, 2018 04:57AM |
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pd3463 |
September 12, 2018 08:05AM |
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Peyton Smith |
September 12, 2018 08:43AM |
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Tomstp |
September 12, 2018 09:06AM |
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jim pallow |
September 12, 2018 09:11AM |
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MSRRKevin |
September 12, 2018 02:21PM |
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Chiloquinruss |
September 12, 2018 03:46PM |
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et&wnc |
September 12, 2018 04:10PM |
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Samart |
September 12, 2018 04:40PM |
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Tomstp |
September 12, 2018 05:41PM |
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bnsf dispr |
September 14, 2018 02:41PM |
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drgwk37 |
September 14, 2018 08:44PM |
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bcp |
September 14, 2018 09:05PM |
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Kelly Anderson |
September 15, 2018 12:50AM |
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drgwk37 |
September 15, 2018 05:44AM |
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Ron Keagle |
September 15, 2018 09:57AM |
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Jerry474 |
September 15, 2018 10:02AM |
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bcp |
September 15, 2018 10:37AM |
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drgwk37 |
September 15, 2018 06:39PM |
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narrowgauge |
September 16, 2018 10:10AM |
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mrwalsh85 |
September 16, 2018 03:27PM |
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drgwk37 |
September 16, 2018 06:53PM |
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kcsivils |
September 16, 2018 07:27PM |
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Chris Walker |
September 17, 2018 02:49AM |
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Tomstp |
September 17, 2018 09:10AM |
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guymonmd |
September 17, 2018 01:10PM |