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Feb 12, 2018

Amtrak bears the cost of accidents even if not at fault

WASHINGTON (AP) — Federal investigators are still looking at how CSX railway crews routed an Amtrak train into a parked freight train in Cayce, South Carolina, last weekend. But even if CSX should bear sole responsibility for the accident, Amtrak will likely end up paying crash victims’ legal claims with public money. Amtrak pays for […]

Feb 9, 2018

Conductor’s wife alleging negligence in deadly train crash

COLUMBIA (AP) The wife of a conductor killed in last weekend’s crash of an Amtrak train with a parked freight train in South Carolina filed suit Feb. 8 against Amtrak and the other rail company, saying they were to blame for the man’s death. In the lawsuit, Michael Cella’s widow accuses Amtrak and CSX Corp. of […]

Jun 5, 2017

Contract – Implied-in-Fact – Railroad Crossing – Use & Maintenance – Removal or Repair

CSX Transportation, Inc. v. Baltimore & Annapolis Railroad Co. (Lawyers Weekly No. 002-144-17, 10 pp.) (R. Bryan Harwell, J.) 4:15-cv-01014; D.S.C. Holding: Pursuant to a written contract, defendant was responsible for the cost of maintaining a railroad crossing in Mullins. Even though the written contract expired in 1996, since plaintiff contends the parties continued to […]

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