Train vs. Pedestrian Derry

[Paper Reader]

Just heard on scanner train vs pedestrian at Dollar General in Derry. How did this happen again??? I hope whoever the poor soul is, is alright.

[abc]

Channel 4 news it was a fatal. Mother carrying a
baby and 2 other children.

[Once again]

The town of Derry and it's government have FAILED the people once again. What a shame, I hope you can not sleep at night. IF you are wondering what I talking about go and see my original post for when the kid was killed a few months back.

[Paper Reader]

Does anyone know the identity of the victims? Such a a small town, you almost know everyone, or know someone who knows them. One of the news websites started story by saying mom and baby struck and killed, but then ended with, the babys condition is not known. Senseless tragedy...what was she doing on the tracks with 3 small children...Didnt she know about the other kid just killed there, did she not understand the danger of TRAIN TRACKS!!! So sad, so very very sad. Breaks my heart.

[enough]

Derry and its government did not fail. Once again common sense failed. My heart goes out to the family of those killed, but what was she thinking when she crossed the tracks with an infant. An absolute tragedy, but assigning blame is not going to solve anything.

[government watchdog]

I think that the Boro and Norfolk Southern should erect a 6 foot high barbed wire fence the lenght of the railroad tracks maybe then people will get the hint to stay off the tracks. I will be contacting Norfolk Southern reps, Mayor Bortz, and my state representitive in the future.

[in the know]

Contacting these people for someone's stupidity, is stupid itself. Give it a break. She chose to cross. She chose he child's fate. She chose the wrong thing. The government, the boro, the mayor, and state reps did not have anything to do with her decision. It was homicide to her child that died and neglect for the other 2. Had she been in a car same thing. She did the wrong thing, and took another's life in doing so. No one to blame but herself.
Everyone has to look for someone else to blame. Take responsibility for your actions. Whatever happened to that.
Well the other 2 children will remember what happened the rest of their life. They will know who made the decision to cross those tracks.

[Paper Reader]

I agree, its not Norfolk Southern, the borough. She did choose to cross where she knew it was not allowed and not safe. I feel just awful for everyone involved, but she did make the wrong decision. A fence will only have the Derry residents cutting holes in it to cross the tracks anyway. I dont think they need a fence to "hint" to stay off the tracks...three lives were lost in the last 4 months...isn't that "hint" enough? It is terrible to place the responsibility on the poor soul who lost her life...but that is where it lies. Period.

[in the know]

Yes, it is a shame but she made the decision not only for her but for her children's lives. All 4 could be dead, and in a way it's a shame they will know
why and what she did.
Yes this family still needs prayers. We are given free choices in this world.
Maybe now people will think twice and do the right thing. CROSS THE BRIDGE.
It may not be in the best shape but that's an easy fix. Crossing in front of a train....well you know what happens there or you should. STOP NOW--CROSS THE BRIDGE. Choose life.

[Government]

If this were a singular event, then you idiots could chalk it up to single fault. This shit happens all the time. It was time to address this several fatalities ago. Obviously something needs to be done. Use your head. It is a SAFETY HAZARD to the public. Derry has been told and told. Who gives a shit where to place the blame. FIX the effing problem and do not worry about who is to blame.

[Paper Reader]

How is a train on PRIVATE PROPERTY a safety hazard? These people are trespassing.

Lets say you had a vicious dog on your porch that bit. And people were constantly trespassing on your porch and getting bitten by your dog. Do you think you should be responsible to put a fence around your porch because people have no common sense and do not heed warning signs??? OBVIOUSLY NO.

Here's how you fix the problem, DO NOT CROSS THE TRACKS!!! Easy enough. I think the Borough could though, adopt some harsher penalties for people caught trespassing on Norfolk Southern.

[ssLatrobe]

What is wrong with walking across the dam bridge. derry people are you that stupid

[Paper Reader]

ssLatrobe wrote:

What is wrong with walking across the dam bridge. derry people are you that stupid

Couldn't agree more.

[Government]

Paper Reader wrote:

How is a train on PRIVATE PROPERTY a safety hazard? These people are trespassing.
Lets say you had a vicious dog on your porch that bit. And people were constantly trespassing on your porch and getting bitten by your dog. Do you think you should be responsible to put a fence around your porch because people have no common sense and do not heed warning signs??? OBVIOUSLY NO.
Here's how you fix the problem, DO NOT CROSS THE TRACKS!!! Easy enough. I think the Borough could though, adopt some harsher penalties for people caught trespassing on Norfolk Southern.

IF your dog bites me while I am robbing you, you are still responsible for your dogs actions. Like it or not it is the law. If you wound me while I am robbing you, you are responsible.

[Paper Reader]

Government wrote:

<quoted text>
IF your dog bites me while I am robbing you, you are still responsible for your dogs actions. Like it or not it is the law. If you wound me while I am robbing you, you are responsible.

The status of care that a possessor of land owes to an entrant upon the land depends upon whether the entrant is a trespasser, licensee, or an invitee. Trude v. Martin, 442 Pa. Super. 614, 624, 660 A.2d 626, 630 (1995).

Trespasser: The Restatement (Second) of Torts § 329 defines a trespasser as "a person who enters or remains upon land in the possession of another without a privilege to do so created by the possessor's consent or otherwise." See also Oswald v. Hausman, 378 Pa. Super. 245, 253, 548 A.2d 594, 598 (1998). A trespasser can only recover if the defendants were guilty of willful or wanton misconduct. Dudley v. USX Corp., 414 Pa. Super. 160, 606 A.2d 916 (1992).
Willful misconduct is "conduct of such a nature that the actor desired to bring about the result that followed or at least was aware that it was substantially certain to follow." Id.
Wanton misconduct refers to "conduct wherein the actor intentionally performs an act of an unreasonable character in disregard to a risk known to him or so obvious that he must be taken to have been aware of it and so great as to make it highly probable that harm would follow." Id.
In Pennsylvania, the status of an entrant upon the land of another depends on whether the entrant is a trespasser, licensee, or invitee. Each class of entrant carries a different liability level.

I sure hope you are not a lawyer, Government.

[Government]

Paper Reader wrote:

<quoted text>
The status of care that a possessor of land owes to an entrant upon the land depends upon whether the entrant is a trespasser, licensee, or an invitee. Trude v. Martin, 442 Pa. Super. 614, 624, 660 A.2d 626, 630 (1995).
Trespasser: The Restatement (Second) of Torts § 329 defines a trespasser as "a person who enters or remains upon land in the possession of another without a privilege to do so created by the possessor's consent or otherwise." See also Oswald v. Hausman, 378 Pa. Super. 245, 253, 548 A.2d 594, 598 (1998). A trespasser can only recover if the defendants were guilty of willful or wanton misconduct. Dudley v. USX Corp., 414 Pa. Super. 160, 606 A.2d 916 (1992).
Willful misconduct is "conduct of such a nature that the actor desired to bring about the result that followed or at least was aware that it was substantially certain to follow." Id.
Wanton misconduct refers to "conduct wherein the actor intentionally performs an act of an unreasonable character in disregard to a risk known to him or so obvious that he must be taken to have been aware of it and so great as to make it highly probable that harm would follow." Id.
In Pennsylvania, the status of an entrant upon the land of another depends on whether the entrant is a trespasser, licensee, or invitee. Each class of entrant carries a different liability level.
I sure hope you are not a lawyer, Government.

Wow, you can cut and paste, great you are not retarded! Your milk and cookies are waiting for you at the ID10T lounge. It is a safety hazard to the public! What does Derry intend to do about it? Again, I do not give a shit who is to blame, what is going to be done about this obvious safety issue?

[large marge]

Government wrote:

<quoted text>
Wow, you can cut and paste, great you are not retarded! Your milk and cookies are waiting for you at the ID10T lounge. It is a safety hazard to the public! What does Derry intend to do about it? Again, I do not give a shit who is to blame, what is going to be done about this obvious safety issue?

Derry PD should sit at the tracks and begin citing every single person who crosses and trespasses on the property. Problem solved. This would be alot cheaper than an $800,000 pedestrian bridge! Actually, it would bring money into the borough through fines!

[sarah brady]

after i get done banning guns i will begin a crusade to ban trains!

[Donny Trump]

The person made a choice to kill herself and her child. It said dont cross here, or no trespassing or whatever...this was not the first time this was done by these people. Its not the fault of the police or the council or the mayor.

Remember, if you dont drink you wont get drunk.

[Troy]

Why doesn't Norfolk Southern move the tracks. Maybe they should be responsible for building a train bridge instead of the borough building a pedestrian bridge. Why should we pay for fixing their property.