Even as layman-at-law, I know there is an axiom that lawyers are supposed to
learn in moot court in law school:
never ask a question of a witness in open court to which you do not already
know the answer.
Jace Kahn
General Manager
Ceres & Canisteo RR Co./Champlain County Traction Co.
>
> My First Auto/Train Wreck
> By Gordon C Kelley
>
> Accidents at grade crossings are
> needless events! The fault falls
> completely upon the driver of the
> motor vehicle. After all, The train
> does not get off the track and chase
> the vehicle wont the street.
> The crossing is protected by a round
> yellow advanced warning sign
> located 500 feet before the crossing and on each side.
> The pavement is marked at the crossing. The crossing is
> protected by a white crossbuck sign, flashing red lights,
> gates, or even a flagman. The engine's whistle is blowing.
> The bell is ringing. The headlight is lit and now, ditch
> lights are flashing. With all of that warning, engines still
> hit vehicles every few minutes across the country, why?
> It seems that some people are in a hurry or just do not
> care. Others seem to feel that the train should be able to
> stop for them. Wrong!! It doesn't work that way and I
> have unfortunately "educated" quite a few drivers and
> attorneys to that fact.
> I saw my first car being hit by a train long before I
> became an engineer. I was nine years old, riding my bike
> eastbound on Calumet Road in the village of Fox Point.
> The car ahead of me ran the flashing red light and was hit
> by a southbound steam locomotive travelling at 80 MPH.
> The locomotive was pulling the Lakeshore Limited to the
> C&NW depot in Milwaukee.
> When the locomotive's cowcatcher hit the middle of the
> car, the car's body started spinning on the cowcatcher and
> ended up being nothing more than a log ribbon of steel
> (with the driver wound in it) which was ultimately thrown
> into the ditch 475 feet south of the crossing.
> The train stopped nearly two miles south of the crossing.
> After communicating with his crew by whistle signal (no
> two way radios in the 1940's) the train was backed up
> until the engine just cleared the crossing.
> My dad, who was at our nearby home, heard the signals,
> knew what happened as he was a locomotive engineer. He
> drove over to the crossing, found me, picked me and the
> bike up, and took me home. He told the Fox Point police
> where I would be for a statement. They later came by my
> home and picked up a written statement.
> The family of the driver sued the railroad. The case went
> to court. I was called to as a witness. I testified as to
> what I saw and heard.
> When the family's lawyer found out that my dad was a
> locomotive engineer, he attempted to discredit my
> testimony. He berated me and claimed that I was trying
> to protect the railroad. When he finished insulting me
> and lying to the jury about me I spoke my piece. I asked
> him why I would want to protect the C&NW railway
> when my father worked for the Milwaukee Road - the
> C&NW's competitor. The jury laughed. The courtroom
> laughed. The C&NW attorney laughed. The lawyer
> yelled even louder. The judge beat the bench with his
> gavel and told all of us the he would hold us in contempt
> if we continued.
> Outcome:
> The attorney lost.
> The family lost.
> The C&NW Railway won.
> As an aside: A railroad company has never lost a trial in
> which I have been called to testify.
[Non-text portions of this message have been removed]
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