Re: US Goverment Sues D&SNG

What differentiates this from any other fire that was caused by lightning, a carelessly tossed butt, or even a piece of broken glass, is that in this case, they think they can pin it on an entity that they believe has deep pockets. I still think the case is largely circumstantial, but the D&S makes a very, very convenient target.

Of course, the article makes only passing reference to the significant precautions that the railroad has taken over the years, to prevent fires.....and it goes way beyond stack screens. I think that the litany of extensive and expensive precautions taken will be a substantial part of the railroad's defense.

As for the evidence....."Fire investigators, the lawsuit says, found a “collection of numerous, extinguished embers, cinders and ash particles on the ground adjacent to the railroad track, including at the specific point of fire origin.”

As Kelly indicated in his post, if they look closely, they'll find extinguished embers along the entirety of any railroad running coal-fired steam. In some cases, the ballast may even consist partly of cinders that didn't even come from a locomotive stack and were cold and dead when they were put there. I'm not sure that the "smoking gun" described above is sufficient to conclude that the D&S is at fault beyond a reasonable doubt, but in a case like this, I believe the standard of proof is much lighter. So, like I said......deep pockets, convenient target. When its the United States vs. you, it sucks to be you.

/Kevin Madore