Our Boston personal injury lawyers know such cases require a thorough understanding of both state and federal negligence law.
In Partenfelder v. Rhode, a case heard in the Wisconsin Supreme Court, a freight train hit a minivan. According to the record, the local police department sent a letter roughly two weeks before the fatal accident to a member of the rail police. The letter stated the town would be holding a Memorial Day parade, which might increase pedestrian traffic in the area along the railroad tracks.
The letter asked the rail police to notify all train conductors of the possibility of pedestrian and vehicle hazards on the tracks at a particular location. The letter did not request that trains operate at reduced speed. The officer did not get any response to his letter and sent another copy of the same letter the following week. The rail police officer who received the letter sent a memo to the train dispatcher, who generated a special bulletin telling train crews to sound the warning bell continuously and look out for crowds at a particular location.
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