As the Kirtland Zoning Inspector I got called into court a number of times. In a case tha included threats to me I hung the violators lawyer out to dry 4 times. It was fun. Our city lawyer then, is now the County Prosecuter. We still get some laughs after all these years.
That losing lawyer is now a Probate judge. We are friends. Some lawyers have 4 feet (2 for the mouth) I got my first lessons in law from a former law clerk to Justice Frankfurter. Frank wrote the first Federal Housing Act. Among other things. John Armstrong ----- Original Message ----- From: JGG KahnSr To: [email protected] ; [email protected] Sent: Monday, August 15, 2011 9:40 PM Subject: RE: {S-Scale List} Grade crossing accident 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] __________ Information from ESET NOD32 Antivirus, version of virus signature database 6380 (20110815) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com __________ Information from ESET NOD32 Antivirus, version of virus signature database 6380 (20110815) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com [Non-text portions of this message have been removed] ------------------------------------ Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/S-Scale/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/S-Scale/join (Yahoo! ID required) <*> To change settings via email: [email protected] [email protected] <*> To unsubscribe from this group, send an email to: [email protected] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
