Posted here without comment, except to say I'd LOVE to hear the details of this incident. Are we talking injuries from trespassing, or injuries sustained during apprehension or while in custody?

Tip o' the hat to Railpace.com for the news:

PROVIDENCE AND WORCESTER RAILROAD COMPANY ANNOUNCES JURY VERDICT: Providence and Worcester Railroad Company announced today that a decision has been rendered in the case of George W. O'Leary vs. Providence and Worcester Railroad Company, et al., C.A. No. 99-560. The jury found the Company liable for $319,558.95 plus interest accruing on a daily basis at 12%. The Company filed a motion for a new trial or a judgment as a matter of law and although the judge reduced the award to $319,058.95, the motion was denied on May 25, 2004. The lawsuit stems from an incident in February 1996 when the plaintiff was arrested for trespassing on the Company's right of way in East Providence, Rhode Island by a member of the Company's police force which was deactivated in 2001. The plaintiff filed suit in 1999, alleging various civil rights violations arising from the incident, including unlawful arrest, false imprisonment, malicious prosecution, battery, assault, and violation of the Fourth and Fourteenth Amendments. The jury's award included $500 for medical bills (which was set aside as a result of the Company's post-trial motion) and $10,000 for plaintiff's legal expenses. The remainder of the award was for pain and suffering, embarrassment, violation of rights and punitive damages. The Company is considering all options, including appeal to the Rhode Island Supreme Court. (P&W RR - posted 5/28)

LNER4472-NOSPAM-@bcpl.net

Hmmm.......
Just what we need...a railfan who is arrested and suing the RR. Not good at all. Almoat as bad as the lady who spilled Coffee from a well knowm eatery and sued because it was hot.
So what is the world coming too.
Well something good could come from it, the Railfan may make a good donation to his favorite RR Museum.
Wishful Thinking??
Andrew Martin

amartin@wlu.edu

This doesn't give us a lot of information, but maybe the person was in fact NOT on railroad property. ?? Could be a number of things.

Then again, knowing how juries can be, maybe the person WAS in the wrong but sued and won anyway -- happens all the time unfortunately.

> Posted here without comment, except to say
> I'd LOVE to hear the details of this
> incident. Are we talking injuries from
> trespassing, or injuries sustained during
> apprehension or while in custody?

> Tip o' the hat to Railpace.com for the news:

> PROVIDENCE AND WORCESTER RAILROAD COMPANY
> ANNOUNCES JURY VERDICT: Providence and
> Worcester Railroad Company announced today
> that a decision has been rendered in the
> case of George W. O'Leary vs. Providence and
> Worcester Railroad Company, et al., C.A. No.
> 99-560. The jury found the Company liable
> for $319,558.95 plus interest accruing on a
> daily basis at 12%. The Company filed a
> motion for a new trial or a judgment as a
> matter of law and although the judge reduced
> the award to $319,058.95, the motion was
> denied on May 25, 2004. The lawsuit stems
> from an incident in February 1996 when the
> plaintiff was arrested for trespassing on
> the Company's right of way in East
> Providence, Rhode Island by a member of the
> Company's police force which was deactivated
> in 2001. The plaintiff filed suit in 1999,
> alleging various civil rights violations
> arising from the incident, including
> unlawful arrest, false imprisonment,
> malicious prosecution, battery, assault, and
> violation of the Fourth and Fourteenth
> Amendments. The jury's award included $500
> for medical bills (which was set aside as a
> result of the Company's post-trial motion)
> and $10,000 for plaintiff's legal expenses.
> The remainder of the award was for pain and
> suffering, embarrassment, violation of
> rights and punitive damages. The Company is
> considering all options, including appeal to
> the Rhode Island Supreme Court. (P&W RR
> - posted 5/28)
Unless the plaintiff is known by someone in the RYPN community as a railfan, I see no indication as to whether he was just a local person taking a shortcut across the tracks, a transient waiting to "hop a freight", a thief looking for something to steal, or was indeed, a railfan (apparently with a bad attitude). Most railfans, if approached by RR or local police, will respond with respect and leave RR property if so instructed.

davistrain@aol.com

I'd have to know more before making to many comments, but I for one am not in favor of "private" police forces. It's one thing to hold someone for the local police, but another entirly to try and actually enforce law. As railfans we need to follow these kinds of cases very closly. In these times of terrorist prevention greater vigilence is needed then in the past by the railroads. But I have also heard stories from people (some I'm sure were not totally true, but still) of some pretty nasty railroad cops. Like most things common sense needs to be used by both RR and Railfan. I feel though the railroads do need to accountable for how they treat people. My question is was this guy trespassing as in taking pictures, or watching trains from near the right of way, or was he doing something really dangourous or criminal?

> trespassing, or injuries sustained during
> apprehension or while in custody?

> Tip o' the hat to Railpace.com for the news:

> PROVIDENCE AND WORCESTER RAILROAD COMPANY
> ANNOUNCES JURY VERDICT: Providence and
> Worcester Railroad Company announced today
> that a decision has been rendered in the
> case of George W. O'Leary vs. Providence and
> Worcester Railroad Company, et al., C.A. No.
> 99-560. The jury found the Company liable
> for $319,558.95 plus interest accruing on a
> daily basis at 12%. The Company filed a
> motion for a new trial or a judgment as a
> matter of law and although the judge reduced
> the award to $319,058.95, the motion was
> denied on May 25, 2004. The lawsuit stems
> from an incident in February 1996 when the
> plaintiff was arrested for trespassing on
> the Company's right of way in East
> Providence, Rhode Island by a member of the
> Company's police force which was deactivated
> in 2001. The plaintiff filed suit in 1999,
> alleging various civil rights violations
> arising from the incident, including
> unlawful arrest, false imprisonment,
> malicious prosecution, battery, assault, and
> violation of the Fourth and Fourteenth
> Amendments. The jury's award included $500
> for medical bills (which was set aside as a
> result of the Company's post-trial motion)
> and $10,000 for plaintiff's legal expenses.
> The remainder of the award was for pain and
> suffering, embarrassment, violation of
> rights and punitive damages. The Company is
> considering all options, including appeal to
> the Rhode Island Supreme Court. (P&W RR
> - posted 5/28)


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