From a post over on TO about this...
"First, the operation of steam locomotives has never been declared to be an "untrahazardous activity" by any courts like blasting has been declared to be. Thus, the USFS still needs to prove by a preponderance of the evidence that the railroad was negligent before they can be awarded any damages by the court. That is not a simple as it may look.
The D&S will be able to produce evidence of the long history of the use of the steam locomotives out of Durango even in the hot summer months with no substantial fires being produced. They also will be able to show the steps that they have taken with the blessing of the USFS in years past to reduce the fire danger. Finally, they will be able to argue that the USFS was contributorily negligent themselves in thier forest managment practices that led to the spread and extent of the fire once it started.
The amount of damages will also be contested. Did the USFS wisely use it's resources or not? The D&S can present evidence that some fire fighting costs were not effective or not of reasonable value. The issue of the AMOUNT of damages is not at all black & white.
Finally, don't forget that the D&S has liability insurance for just such events. That insurance carrier will take the lead in the defense of the case with the D&S lawyers assisting to protect the railroad from any excess damages over the insurance coverage.
These are just some of the issues and matters that will be fought over for the next couple of years until this matter finally comes to a likely settlment between the USFS and the insurance carrier for the D&S.
Martin"
The D&S will be able to produce evidence of the long history of the use of the steam locomotives out of Durango even in the hot summer months with no substantial fires being produced. They also will be able to show the steps that they have taken with the blessing of the USFS in years past to reduce the fire danger. Finally, they will be able to argue that the USFS was contributorily negligent themselves in thier forest managment practices that led to the spread and extent of the fire once it started.
The amount of damages will also be contested. Did the USFS wisely use it's resources or not? The D&S can present evidence that some fire fighting costs were not effective or not of reasonable value. The issue of the AMOUNT of damages is not at all black & white.
Finally, don't forget that the D&S has liability insurance for just such events. That insurance carrier will take the lead in the defense of the case with the D&S lawyers assisting to protect the railroad from any excess damages over the insurance coverage.
These are just some of the issues and matters that will be fought over for the next couple of years until this matter finally comes to a likely settlment between the USFS and the insurance carrier for the D&S.
Martin"
