Rails-with-Trails: Lessons Learned

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LEGAL REFERENCES

R.P. Davis, Annotation, Joinder as defendants, in tort action based on condition of sidewalk or highway, of municipal corporation and abutting property owner or occupant, 15 A.L.R. 2d 1292, 1293 (1951).

D.E. Evins, Annotation, Liability for injury or damage caused by collision with portion of load projecting beyond rear or side of motor vehicle or trailer, 21 A.L.R. 3rd 371 (1968).

M.C. Dransfield, Annotation, Railroad's duty to children walking longitudinally along railroad tracks or right of way, 31 A.L.R. 2d 789 (1953).

Wade R. Habeeb, Annotation, Railroad's liability for injury to or death of child on moving train other than as paying or proper passenger, 35 A.L.R. 3rd 9 (1971).

James L. Isham, Annotation, Validity and construction of statute or ordinance limiting the kinds or amount of actual damages recoverable in tort action against governmental unit, 43 A.L.R. 4th 19 (1986).

R.D. Hursh, Annotation, Duty and liability of municipality as regards barriers for protection of adult pedestrians who may unintentionally deviate from street or highway into marginal or external hazards, 44 A.L.R. 2d 633 (1955).

Robin Cheryl Miller, Annotation, Effect of statute limiting landowner's liability for personal injury to recreational user, 47 A.L.R. 4th 262 (1986)

Ronald V. Sinesi, Annotation, Government tort liability for injury to roller skater allegedly caused by sidewalk or street defects, 58 A.L.R. 4th 1197 (1987).

L.S. Tellier, Annotation, Contributory negligence of adult struck by train while walking or standing beside railroad track, 63 A.L.R. 2d 1226 (1959).

James L. Isham, Annotation, State and local government liability for injury or death of bicyclist due to defect or obstruction in public bicycle path, 68 A.L.R. 4th 204 (1989).

W.E. Snipley, Annotation, Duty to take affirmative action to avoid injury to trespasser in position of peril through no fault of landowner, 70 A.L.R. 3d 1125 (1976).

C.C. Marvel, Annotation, Liability of municipality for injury or death from defects or obstructions in sidewalk to one riding thereon on bicycle, tricycle, or similar vehicle, 88 A.L.R. 2d 1423 (1963).

D.A. Cox, Annotation, Obstruction of sidewalk as proximate cause of injury to pedestrian forced to go into street and there injured, 93 A.L.R. 2d 1187 (1964).

Danaya C. Wright, Private rights and public ways: property disputes and rails-to-trails in Indiana, 30 Ind. L. Rev. 723 (1997).

Delta Farms Reclamation Dist. No. 2028 v. Super. Ct. of San Joaquin County, 190 Cal. Rptr. 494 (1983).

Leonakis v. State, 511 N.Y.S. 2d 119 (1987).

Lovell v. Chesapeake & Ohio R.R., 457 F.2d 1009 (6th Cir. 1972).

Mayor and City Council of Baltimore v. Ahrens, 179 A. 169, 171-73 (Md. 1935).

Powell v. Union Pac. RR. Co., 655 F.2d 1380 (9th Cir. 1981).

Watterson v. Commonwealth, 18 Pa. D.&C.3d 276 (1980).

Status of one at railroad crossing who has walked or intends to walk along tracks, 9 A.L.R. 1322 (1920).

State of weather as affecting liability for injury to one struck by train or street car, 20 A.L.R. 1064 (1922).

Liability of operator of logging road or other private railroad for injury to person on track, 46 A.L.R. 1076 (1927).

Liability of railroad company for injury to trespassers or licensees other than employees or passengers struck by object projecting, or thrown, from a passing train, 112 A.L.R. 850 (1938).

Liability for death or injury as a result of suction from passing train, 149 A.L.R. 907 (1944).

Duty of railroad toward persons using private crossing or commonly used footpath over or along railroad tracks, 167 A.L.R. 1253 (1947).To provide Feedback, Suggestions, or Comments for this page contact Christopher B. Douwes at christopher.douwes@fhwa.dot.gov.