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Old 06-12-2010, 07:50 PM   #2
Mike P
Jiggin' Leper Lawyer
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Join Date: Oct 2000
Location: 61° 30′ 0″ N, 23° 46′ 0″ E
Posts: 8,158
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Originally Posted by Swimmer View Post
Lets not forget the Ipod users, who at high volume, listen to their favorite tunes. You wont here a slow moving train using those ear buds. I am hopeful my friend will get back to me with more info. He was actually quite surpised at hearing that these notices of tresspass were being given out. As I said, he told me that no one in the railroads employ has any police powers that he knows of. And in my opinon leaving those tresspass notices on vehicles and not handing them out to the tresspasser in person doesn't mean a thing. Certainly doesn't prove who he person was driving the car that the notice was put on. And the last time I checked, when a car is towed from private property it is the responsibilty of the entity that has the vehicle towed resposibilty to pay for the tow. We saw that ruling in Brockton District Court several years ago. I don't think deep down their is any problem. I believe someone is just CTA.
Yeah, I just said something to that effect on SOL, abut them CTA. By allowing unprotested cross track access, they are probably exposing themselves to liability if someone gets clipped by a train or otherwise gets hurt on the tracks. These notices at least create a record of trying some sort of enforcement. Until I hear that a Bourne PD cruiser is alongside the RR employee and an officer is issuing citations, I'm not going to panic over this.

Lots of the BPD guys also fish and the department doesn't make a habit of harrassing Canal fishermen--it takes repeated complaints from residents for them to address parking violations along the popular Canal spots that are time-restricted for parking. Earl Baldwin, the chief, fishes himself. Which is not to say that they won't make a response if too many people thumb their noses at the RR guys and cause the RR to complain to the chief. My suggestion is to be discreet, be respectful to anyone who gives you a notice, and maybe pick your access spots with discretion. It's easy for them to paper 3-4 cars at a tight turnout. Papering 100 vehicles parked, say, at Gallo's ice rink is a different matter. And if it's at all possible to use a grade crossing, use it.

I'm also thinking that this will all blow over once the topwater bite slows and things return to normal. It's just a prediction, but like I always say--crowds create problems for all of us. And even if the RR backs off, it is only a matter of time before a fisherman gets hit by a car over there, or an accident is caused by a Canal fisherman pulling out of one of those turnouts. And parking gets restricted along Sandwich Road as a result. Some people just don't use their heads in parking there. I've seen many cars parked dangerously close to the road over the last month. Remember--those boulders lining the turn-out near pole 230 weren't there 20 years ago

Wise men speak because they have something to say; Fools, because they have to say something.
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