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I am also of the opinion that the general public has an implied right to cross tracks at an established grade crossing. If the Corps of Engineers allows recreational users of the Canal to cross the tracks at their grade crossings, which they not only allow, but encourage by having parking areas at them, and posting "Warning--Tracks In Use" signs--there isn't a damn thing that the RR can do to stop them.
There are also whistle posts a set distance down the tracks at these grade crossings, and if an engineer sounds the whistle--which they are required to do by law--the RR can't be sued if someone jumps the tracks and gets hit--the same way that they can't be sued by the survivors of idiots who play race the train by driving around crossing gates.
There are no whistle posts anywhere else, and people may not hear the sound of a train approaching from downwind. I have also seen cases where fishermen crossing the tracks see a train approaching, but decide that a minute of their fishing time is worth more than their lives. All you need to do is trip over a rail or a tie and go down across the tracks--trains can't stop on a dime.
It also doesn't help that there's a history of Mo Beach kids playing chicken with the trash train from North Falmouth.
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