Busted!!

[Big_Boy_4005]

Wow, that's old! I doubt the railroad will appeal this one, no sense throwing good money after bad. Thanks[:)]

[dave9999]

The bottom of the article above says 7-1-95. I vaguely remember hearing something about this back then, but
no details. I tried the Orlando Sentinel web site, but no results. I assume they dont keep articles on the site that long. Dave

[Big_Boy_4005]

Thanks Dave, makes me wonder about the reporting. Your original telling had all of that info. Any idea when the accident happened? Or where, since you live down there. The fact that the jury did award the money says that the entire case was presented.

If you stop and think about it, the medical and rehab costs for this guy may excede his award, which goes back to my original comment that this was a small amount. I'm not putting any blame on the engineer here, but did he at least try to stop? We may never know.

[dave9999]

Bigboy,
This is the only other thing I could find on the matter. The original, I just happened across. This is from the
Orlando Sentinal. Not much more info, although it does say a jury awarded the $$. Dave

* In June, a jury in Pensacola, Fla., awarded nearly $600,000 to
Pedro Duran, 56, in his lawsuit against the CSX company.
Duran lost his left arm and suffered a broken back and leg when
a CSX train hit him as he lay on the tracks, passed out from a
round of drinking. According to trial testimony, an engineer
spotted what he thought was a lump of trash on the tracks and
sounded the whistle as a precaution for 54 seconds before the
collision. However, the "lump of trash"--Duran--didn't move.
[Orlando Sentinel-AP, 7-1-95]

[Anonymous]

QUOTE:

QUOTE: Wow! Being a spelling nazi or a grammer nazi about someone else's post is a sure sign that the complainer has lost their argument. Always has been and always will be, welcome to the wonderful world of online debate.

Thats what I tend to think too

I don't mind people telling me My spelling sucks, because it does, However there are more creative ways to express ones opinion, and Telling me word for word about what i did wrong, man i spelt so much wrong, that must have taken hours!

I mainly hang out on Fark.com, where there tends to be quite a few flame wars on a daily basis about the political and religious topics, and many of those threads tend to go well into the hundreds of posts in a day. You see this all the time there, when you have so many people involved in a debate. The spelling and grammar corrections are only second to name calling as a sign of a losing debate. Does get quite interesting though if you have an hour or more to read through a whole thread.
I started to read and making the occasional post in Trains.com forums, because of the lighter posting topics and to learn more about trains and modelling, but you can definately spot the occasional flame war. Kind of cool though. Sorry, this is just a pointless post I guess.
Choo choo!

[Big_Boy_4005]

QUOTE: Originally posted by sav336

QUOTE: Truly sad, but really a token award. I agree he should have gotten nothing, but it sounds like CSX felt like they may have been saving money in legal fees by settling, rather than pressing their position in court.

Ummm, I think Mr. Duran was awarded money, not given...

In any case, It is wrong to trespass, regardless of circumstance.

You are correct, the term awarded does imply that a decision was made at the end of the case. I would be very interested to hear the full details surrounding this incident. I'm not sure if Dave is simply recounting the story here or if this an excerpt taken directly from a news source.

There many aspects of this short tale that I find troublesome. The engineer was able to see that there was "SOMETHING'" in his path, at a distance equal to 54 seconds travel before impact, because he blew the horn for that length of time. My question is what speed was the train traveling at when the engineer leaned on the horn?

Simple Newtonian physics would tell if it was or wasn't possible for the train to stop before impact. At 60 mph 54 seconds represents almost a mile, and not enough distance to safely stop a loaded train. As our model uses lower and lower speeds, we reach a point where the engineer could indeed stop. At 60 mph, is it possible to see a mile down the track in this location??

What bugs me here, is why the man was out wandering in that state of drunkeness in the first place. The blame should lie with whomever served him and allowed him to leave in that condition, NOT WITH THE RAILROAD. If he bought it himself, and conusmed it in private, then he has no one to blame but himself.

The fact that he ended up on the railroad tracks has nothing to do with trespassing, this man had no control over where or when he collapsed, and was incapable of reasoning or coherent thought required to make the decision of where to go or not go. It is clear the he was simply too impared to know where he was or what he was doing. If the cops had found him on the sidewalk, the would have thrown him in the tank, but he wasn't that lucky. What person in their right mind would take a nap on the railroad tracks?

Unfortunately, the railroad makes an easy and convenient target with deep pockets. If a jury was responsible for giving this man $600,000, then they have way more sympathy than I do, and he was lucky I wasn't a member of the jury.

[Anonymous]

QUOTE: Truly sad, but really a token award. I agree he should have gotten nothing, but it sounds like CSX felt like they may have been saving money in legal fees by settling, rather than pressing their position in court.

Ummm, I think Mr. Duran was awarded money, not given...

In any case, It is wrong to trespass, regardless of circumstance.

Some one drove up my driveway the other day. I live in a rather secluded area. I thought, since I didn't recognize the car or the person in it, I might need to call the police. I approached him anyway, and asked what he wanted...

The county assesor...

I shoulda called the cops.........

Quit all the bickering and get on with life! This site is turning into a bummer, already!

[Big_Boy_4005]

I can get through them, understand, and not complain, it just takes a fraction of a second longer per occurance.

Take a few extra seconds before submitting your response, and you will catch most of them, and your "image" will improve. I'm a very poor typist, and that's what I have to do. My problem is that I can't think and type at the same time, so I edit as I go.

I'm a bit of a perfectionist, but I still make a lot of mistakes, I'll edit a response if I think the problem is bad enough.[:)]

[Anonymous]

QUOTE: Originally posted by doccm9

Wow! Being a spelling nazi or a grammer nazi about someone else's post is a sure sign that the complainer has lost their argument. Always has been and always will be, welcome to the wonderful world of online debate.

Thats what I tend to think too

I don't mind people telling me My spelling sucks, because it does, However there are more creative ways to express ones opinion, and Telling me word for word about what i did wrong, man i spelt so much wrong, that must have taken hours!

don't know how he did it!

My engli***eacher always says, it's not how you spell the word or the sentance, it's what the sentance means thats important.

SO i'm asking you all, and i WANT a true ANSWER... listen up...

How many of you, honestly Would know if soemone spelt Brown like Brnow, would you automatically Associate the missspelled word with Brown?

I jsut want to know if anyone else would...

[Big_Boy_4005]

QUOTE: Originally posted by dave9999

Speaking of lawyers, I ran across this story the other day on the internet.

In Pensacola, Fla., a drunken man who passed out on the CSX train tracks sued because he was hit by a train. Pedro Duran, 56, lost an arm and suffered a broken back in the accident. The train's engineer, who saw Duran but thought he was a lump of trash, blew the train's whistle for 54 seconds before the collision. Duran was awarded $600,000 for damages.

Sad times we live in. Dave

Truly sad, but really a token award. I agree he should have gotten nothing, but it sounds like CSX felt like they may have been saving money in legal fees by settling, rather than pressing their position in court.

[dave9999]

Speaking of lawyers, I ran across this story the other day on the internet.

In Pensacola, Fla., a drunken man who passed out on the CSX train tracks sued because he was hit by a train. Pedro Duran, 56, lost an arm and suffered a broken back in the accident. The train's engineer, who saw Duran but thought he was a lump of trash, blew the train's whistle for 54 seconds before the collision. Duran was awarded $600,000 for damages.

Sad times we live in. Dave

[Big_Boy_4005]

Yeah Ferg, my father was a lawyer, he hated it so much he quit practicing, and went into real estate. [:D]

[Fergmiester]

QUOTE: Originally posted by Big_Boy_4005

I mean everyone Mark. Me , you, ACL, Dave, EVERYONE! You weren't at the center of this one, but I know that you know what its like.[:D][swg]

This was never ment to be about rail fanning in general, ethics, morality, or law. It was more of a sad commentary on what our open society has been duped into, by a small handfull of terrorist idiots![/size=4][/b]

Sincerely,
Al K. Duhhhhhh

Youforgot to include the Blood sucking, life taking, money grabing, ambulance chasing, sap sucking, bottom of the food chain, parasitic, shark like [censored].

YOU KNOW who I Mean!

[Anonymous]

There is no guarantee you might not injure yourself on railroad property. Lawsuits from exactly this type of injury have become a major concern for most railroads. People today seem to want to take money from someone else and retire rather than perform honorable work. The railroads are just coverting their butts.

Tom

[Anonymous]

Wow! Being a spelling nazi or a grammer nazi about someone else's post is a sure sign that the complainer has lost their argument. Always has been and always will be, welcome to the wonderful world of online debate.

[Anonymous]

It appears to be the same people posting on these "heated topics," which begs the question whether there is some relationship between hostile posters, those who mean to provoke, and people who like to complain and these "heated topics." Just stay away from that sort of behaviour or you'll just end up appologizing to someone you don't like.

[Big_Boy_4005]

I mean everyone Mark. Me , you, ACL, Dave, EVERYONE! You weren't at the center of this one, but I know that you know what its like.[:D][swg]

You know that I do like to provoke thought, go back to the long forgotten page ONE of the DOS topic, and read through to page three, then skip to pages 9 -15 and read my comments.

ACL and I are not always on opposite sides of issues, in fact we aren't totally on opposite sides here. I think what escalated this to flame level was when the remarks became personal. That outraged other members, and this whole thing BLEW UP.

It can be a fine line sometimes, between making a point and getting personal. It isn't always easy to choose the right words to do that, and the fact that we can't HEAR the tone of the other person's voice makes it more difficult.

Some people don't realize that all of those silly little faces that we use sometimes, are really a tool for conveying tone and attitude, along with our words, WHICH WE NEED TO CHOOSE CAREFULLY!!!

The true story here is: for at least the last 20 years the railroad never seemed to mind or bother the railfans who used this small parking lot. The railfans appriciated, enjoyed, benefitted from, and became accustomed to this fact! Suddenly the policy regarding this 200' x 40' patch of gravel, located between the curb of the city street and the rails, has changed!

This was never ment to be about rail fanning in general, ethics, morality, or law. It was more of a sad commentary on what our open society has been duped into, by a small handfull of terrorist idiots!

Sincerely,
Al K. Duhhhhhh

[Anonymous]

Uh do you mean ME

[Big_Boy_4005]

I posted this over on ACL Fan's topic Truth or Fiction, but I want to make sure that people see it, so I'm posting it here too.

---

The

TRUTH

is that I like to

PROVOKE THOUGHT

here on the forum, and it seems that I have. As we have all seen, discussing trains, model or real, need not be mindless banter.

When I saw ACL's first response to the Busted!! topic, I could sense his outrage, and proceded to set a trap with my follow up remark.

---

The following is an excerpt from an email exchange between Deschane and myself:

deschane: P.S. Who is ACLFAN, anyway! He doesn't seem to be a happy camper

me: Mark, I knew I would goad him into a response like that with my remark that he quoted. I got him to show his true colors, and let the others jump on him. It was a kind of sneaky and rotten thing for me to do, but it worked.

---

With deschane as my witness, it is clear in this case that I was doing the provoking. The question is was anyone, myself included, doing the thinking?

I, and I suspect a few others, saw the first version of the response that ACL posted and quickly edited. I NEVER GET ANGRY over things here in the forum, and this incident was no different. Some things that go on here do frustrate me from time to time, but when placed in the proper perspective, the frustration quickly subsides.

I hope that in the end we all come away wiser from this experience, I know that I have.

[Anonymous]

QUOTE: Originally posted by ACL Fan

QUOTE: Originally posted by kevinstheRRman

Thte fact the ACL fan tormented, and threatened various Teenagers on this forum, is NOT irrelevant, as a matter of fact, If we can't function as a proper society, this entire forum concept goes down the Toilet.

Please show me the specific posts under my name in which I threatened anyone of any age on this forum. Since you seem positive I have done so, I'd be interested in seeing where and when I do that.

You remember.

[Fergmiester]

QUOTE: Originally posted by Roadtrp

Wow!!

[|(][|(]

I wonder if we could get a group rate for Prozac...

[swg]

Better make it a party pack[:D]

[Roadtrp]

Wow!!

[|(][|(]

I wonder if we could get a group rate for Prozac...

[swg]

[Anonymous]

A haravrd university Study once Said, that should i reverse certain letters, your brain should Still be able to process the word As if it were spelt correctly, Partially because your brain doesn't process each letter

If you can't read my posts, skip them, i don't care.

I'm sorry if my spelling is terrible, English for me is a 2nd Language. Thsi was not my first language, I learned french first, and only Started learning English a few years back.

Howveer i wsn't aware i was writing an English Essay, where every spelling word counts, evedently my Mistake.

But whne i look at kids who Spoke french all of their life, such as myself, And see that there english is the second best thing to dog Crap, still saying "dere" instead of there, and can't quite get the H in three, and prononce that "tree" I relize that My english has progressed much more then their english has

'm sorry, Since i go to school, and don't doddle away doing nothing, I don't have the time to spell check my words..

When I start spelling Like This, then you can tell me a few things.

"Huked on Fonics wurked for mee!"

However, like i said, If it's a simple Reversing of letters your Brain shouldn't have much of a comprehension problem,

here are two prime examples

"The Quick Brown Fox Slept all day, and said to hell with the lazy dog"

"The Qucik Brwon Fox slept all day, and siad to hell with the lazy dog"

Both took me one second to read, one not longer then the other, See my Brain automatically Associates the word "Bronw" with "Brown" Unless, any of you, can come up with somehting better, i would tend to agree with my own Statemnt, that there is a strong possibility the Brwon Could Equal Brown, But that might be just me making that Corilation.

Oh and i do leave of letters all the time, Oops,

once again, If i had the time to post perfect Responses i would, but let me all remind you, the RR industy is not about perfect spelling.

For those of you who didn't know this, I work for CP rail.

Althoguh, I mostly speak French all Day, You would never know, if you heard my verbal speech that I know and am Billingual in two languages, I suppose Billingual MEANS two languages, my bad again.

When I use the term "dissed you up" That is Street talk, That means if someone insulted, or Dissrespected ( see the route word ) you 25 times, you would be angry

You know, ACL fan is right... chuckle all you want.. Threatening was the wrong word, Once again, my English is very limited, and I did use the wrong word.

When i can match his exact be behavior, Ill tell everyone what it is.

I jsut don't and, no one should, appreciate older memebrs picking on the younger ones, that doesn't even hapen in primeate colonies, so why should it happen here.

Everyone should know that, when you feel like Delivering your opinion, try as much as you can to lay off words like "YOU" or "HE" Rememebr, it's your opinion, anything out of the first person dialect (ME, MYSELF, and I), is fine, the YOU's and HE's would be causing an argument for no reason, because you should neevr accuse other people of anyhtign when delivering your opinion

Blah Blah Blah here i go again, i'm not mad at you for corecting me, I fully expected it to happen once or twice on this forums, although I am new to this BRANCH, i have been on the TRAINS.com Forum for quite some time now, and have heard it all about my spelling.

Dan is right, I am Linguistically Challenged from Quebec, Or Kwabek [:D]

But ehre i don't agree wiht you, Is that, if you have somehting to say, say it Nicely, brings back :" If you don't have anyhting nice to say, Keep your mouth F^%&ing shut."

At least thats the direct translation from the French version, i would Imagine you were taught a different version.

Everyone in this forum would appreciate if you could, for the most, phrase your opinion as if you were talking to your Boss,

Mr ACL, would you have said whatever you said to your boss?

Naw, i doubt it.

I'm not saying phrase everyhting like Flowers, and lah dee dah and all that crap

What I AM saying, is that leave the personal flames behind.
They serve no purpose, and are useless and will ony antagonize other parties.

There im done.

I would rather not have to post naymore about Samantics, if you can understand what i'm typing, your at a benefit, if you can't, sorry, you'll have to skip my posts.

But i have seen the skill and the intelligence in Almost everyone's posts, and my assumption is, that a lot of people will be able and are able to understand what i'm writing.

Now i have class, My french teacher will have a FIT if i am late...

[dharmon]

QUOTE: Originally posted by vsmith

QUOTE: Originally posted by MAbruce

QUOTE:
Look, hahaha, this is going ot be good...

Your postion or opinion is IRRELEVANT if you have the incapability to state it properly..

HUH?? I think you should have phrased it: "...if you don't have the capability to state it properly." That makes more sense, and is grammatically correct.

"Postion" is also not a word.

Maybe you ough to reconsider saying such things if you can't state it properly yourself?

But that's not the real issue here.

QUOTE:
How yould you like it in my opinion, If i dissed you up about 25 times? you'd be Fruiated!

I think you may have dissed me 25 times in your reply. [:p] Also, I like fruit too, but what does it have to being dissed?? [:o)][;)]

QUOTE:
Thte fact the ACL fan tormented, and threatened various Teenagers on this forum, is NOT irrelevant, as a matter of fact, If we can't function as a proper society, this entire forum concept goes down the Toilet.

We are now looking at bigger socail issues, and the fact, that ACL fan seems to have an inability ot properly state how he feels without putting soemone down. There is somehting seriously wrong with that.

I was really not trying to defend ACL Fan's behavior, nor saying anything he said was irrelevant. I was just taking issue with people disagreeing with him because he may not have been nice about it.

I can see it now: One of our forum members is caught trespassing on RR property, and his/her only reason for doing it was because they were mad at the way ACL Fan said it was wrong. [(-D]

I stopped using that excuse in Junior High!

QUOTE:
That is what we are debating now, And it is a seriosu issue, and Can not be put on the back burner.

The "seriosu" (did you mean "serious"?) issue is breaking the law by trespassing on RR property to rail fan. If you want to turn this into "ACL Fan is treating teenagers badly", then start a new thread!

Also, I suggest you find a way spell check your postings. It made it rather difficult to follow.

Please give Kevin a little slack on the spelling and grammer, his fingers type faster that his eyes, we've been chiding him on his spelling over on the Trains.com forum, and we've just learned to accept it as just Kevin being Kevin.

He's also a little linguistically challenged being from Kwabeck.

[vsmith]

QUOTE: Originally posted by MAbruce

QUOTE:
Look, hahaha, this is going ot be good...

Your postion or opinion is IRRELEVANT if you have the incapability to state it properly..

HUH?? I think you should have phrased it: "...if you don't have the capability to state it properly." That makes more sense, and is grammatically correct.

"Postion" is also not a word.

Maybe you ough to reconsider saying such things if you can't state it properly yourself?

But that's not the real issue here.

QUOTE:
How yould you like it in my opinion, If i dissed you up about 25 times? you'd be Fruiated!

I think you may have dissed me 25 times in your reply. [:p] Also, I like fruit too, but what does it have to being dissed?? [:o)][;)]

QUOTE:
Thte fact the ACL fan tormented, and threatened various Teenagers on this forum, is NOT irrelevant, as a matter of fact, If we can't function as a proper society, this entire forum concept goes down the Toilet.

We are now looking at bigger socail issues, and the fact, that ACL fan seems to have an inability ot properly state how he feels without putting soemone down. There is somehting seriously wrong with that.

I was really not trying to defend ACL Fan's behavior, nor saying anything he said was irrelevant. I was just taking issue with people disagreeing with him because he may not have been nice about it.

I can see it now: One of our forum members is caught trespassing on RR property, and his/her only reason for doing it was because they were mad at the way ACL Fan said it was wrong. [(-D]

I stopped using that excuse in Junior High!

QUOTE:
That is what we are debating now, And it is a seriosu issue, and Can not be put on the back burner.

The "seriosu" (did you mean "serious"?) issue is breaking the law by trespassing on RR property to rail fan. If you want to turn this into "ACL Fan is treating teenagers badly", then start a new thread!

Also, I suggest you find a way spell check your postings. It made it rather difficult to follow.

Please give Kevin a little slack on the spelling and grammer, his fingers type faster that his eyes, we've been chiding him on his spelling over on the Trains.com forum, and we've just learned to accept it as just Kevin being Kevin.

[dekemd]

I don't work for the railroad police but I am a Sheriff's Deputy, so I thought I'd give a law enforcement perspective. Most likely, the officer involved has been told by his superiors to enforce the no trespassing at this spot. He was not on a power trip because he could have been a lot worse if he wanted to. He could have very easily handcuffed Big_Boy_4005 and took him to jail. He could have checked his ID, run his tag and drivers license, and generally made things a lot worse for Big_Boy_4005, but he didn't. He just told him to leave, which suggests that he wasn't too concerned with Big_Boy_4005 presence. HOWEVER, if Big_Boy_4005 trespasses again on RR property and this same officer catches him, he is probably going to arrest him. Coming back after being told to not be on the property will raise suspicions. I know some have been approached by RR police even though they were on public property. Some say the RRs and police are just paranoid, but think about this. What would any of you think is someone kept standing on the sidewalk and taking pictures of your house. Even though they are on public property would you not be concerned about them? The RR police cannot do anything to you when you are on public property, but can you see why they still might be concerned about your presence?

My suggestion if you are approached by RR police is to be polite and tell them why you are there and what you are doing. If you are on RR property and they ask you to leave, apologize, and ask them if they know anywhere you can go that you can get some good pictures. Some of them probably know some good spots where they won't bother you. Do not go back to the spot you were run off from. Your next encounter with them may not be very pleasant. If that picture worth going to jail for?

Derrick

[MAbruce]

QUOTE:
Look, hahaha, this is going ot be good...

Your postion or opinion is IRRELEVANT if you have the incapability to state it properly..

HUH?? I think you should have phrased it: "...if you don't have the capability to state it properly." That makes more sense, and is grammatically correct.

"Postion" is also not a word.

Maybe you ough to reconsider saying such things if you can't state it properly yourself?

But that's not the real issue here.

QUOTE:
How yould you like it in my opinion, If i dissed you up about 25 times? you'd be Fruiated!

I think you may have dissed me 25 times in your reply. [:p] Also, I like fruit too, but what does it have to being dissed?? [:o)][;)]

QUOTE:
Thte fact the ACL fan tormented, and threatened various Teenagers on this forum, is NOT irrelevant, as a matter of fact, If we can't function as a proper society, this entire forum concept goes down the Toilet.

We are now looking at bigger socail issues, and the fact, that ACL fan seems to have an inability ot properly state how he feels without putting soemone down. There is somehting seriously wrong with that.

I was really not trying to defend ACL Fan's behavior, nor saying anything he said was irrelevant. I was just taking issue with people disagreeing with him because he may not have been nice about it.

I can see it now: One of our forum members is caught trespassing on RR property, and his/her only reason for doing it was because they were mad at the way ACL Fan said it was wrong. [(-D]

I stopped using that excuse in Junior High!

QUOTE:
That is what we are debating now, And it is a seriosu issue, and Can not be put on the back burner.

The "seriosu" (did you mean "serious"?) issue is breaking the law by trespassing on RR property to rail fan. If you want to turn this into "ACL Fan is treating teenagers badly", then start a new thread!

Also, I suggest you find a way spell check your postings. It made it rather difficult to follow.

[Fergmiester]

As cold hearted as this may sound I believe this individual is a candidate for a Darwin Award!

http://official.darwinawards.com/


Safety has to be considered paramount in todays society as technology is becoming ever so lethal.

[vsmith]

I posted this last week over on the Trains.com forum, a stupid person doing something stupid on RR property and getting killed stupidly in front of his kid...maybe it should be read here and maybe some will begin to understand why RR's take trespassing seriously...

This just happened today, I know I should feel sorry for this guys family , but Jezzzziss Jiminy Crickets what was this guy trying to prove?

Man Dies After Tossing Rope At Train

SIMI VALLEY — A 43-year-old man tossed a rope into the path of a freight train, apparently on a lark, and was killed after becoming entangled in the rope and dragged by the train, authorities said.
Alan Pichel Sr. was hanging out with his 17-year-old son near the train tracks Monday evening when he threw a bottle tied to a shopping cart into the train's path, said John Bromley, a spokesman for Union Pacific Railroad.

"Apparently, they wanted to watch the shopping cart be dragged along by the train," Bromley said.

Authorities say it remains unclear exactly how Pichel became entangled, though police Sgt. Joe May said the man's death was the result of "a strange chain of events."

"I've heard about people getting hit by the train, or people committing suicide by stepping in front of the train, but nothing like this," May said.

Police stopped the train, which was moving about 15 mph, after about a mile. Coroner's officials said an autopsy showed Pichel died from multiple blunt-force injuries.

Pichel's son, Alan Jr., said Tuesday that he and his father "weren't even that close to the tracks." "He just didn't see it coming and it caught him. It happened so fast," he said, adding that his father liked to joke around. "He was just the funniest guy," the teen said. "He was a character."


How many days before the family files a lawsuit against the RR? Any takers?