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[quote user="vsmith"] Placing decking on the adjacent track is not a guarentee anyone would have used it, these girls and others could just as easily use the tracks anyways, also by decking it the RR by action condones the tresspassing and as such assumes liability for any accidents that might occur on it, again its a no-win for the RR to do such a thing. [/quote] I don’t see how there are any absolutes regarding this situation.   A walkway might not have saved the lives of the three girls, but I think there is a high probability that it would have done just that.  If people are going to trespass, I’ll bet that at least 90% of the time they spend on the trestle, they would be on the smooth plank walkway rather than walking on the ties just because of the difference in comfort.  And if they are fouling the track when a train comes, it is the simplest and most intuitive reaction to simply step out of the way.   It is true that a walkway might invite trespassing.  And it may be that some of that added trespassing might lead to additional liability.  But in the long run, a walkway would reduce the overall liability, I think.
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