I'm very happy to read the correcting data and learn that the reason nothing has left the CRRM for operation in several years was not a result of paying such a misguided suit.
It is beyond understanding why anyone would pay any medical bill for such an incompetent person who can not watch where he is running a rail vehicle. He should have been counter-suited for being so careless. He should have always kept his distance as if the goose/rail vehicle ahead is at the zero speed. If he can't judge his stopping distance of the unit he is running, he should be removed from the job. I see no need for anyone having to flag behind themselves.
When and where I run my track car, I will not assume any reasonability for any one following as it is their duty to keep their speed at such as to stop in time. I disagree with NARCOA on this point and I will not flag for following track cars so I advoid their meets. My track car has brake lights so if you can't see the existence of my trackcar or its light, hit me and I will sue the following trackcar, just as I would do with any highway vehicles that hits me from the rear.
The operator of the Midwest Central Model-T "Argent Lumber Co." was totally irresponsible for failing to be alert and doing his job. The D&SNG RR and CRRM should have suited him for all the trouble he caused in his rule violations.
It isn't law suits that are ending access of steam train (Ohio Central one example), but the idea that ones in the wrong are given any leeway in these cases. Why wasn't the suit just thrown out as having no merit?