Re: Torpedo uses
Author: OldPoleBurner
Date: 08-22-2009 - 12:39

Someone back a few posts said "What a Joke".

But if this so-called "practical joke" actually injured somebody, then it ain't funny - not funny at all.

My only question would be - did he really get as injured as he claims. Seems many others question that also. The news article shed very little light on this question - only that the jury ruled it to be so. Now if he really is so disabled as to not be able to do his job, why shouldn't he be compensated fairly. Just how much income would you loose, if you miss 20-30 years of work due to someone's stoopud prank. It adds up quickly!

But if the railroad is to be held liable at all, just because it happened on their property; then how much more liable is the prankster who actually caused it all, by his own criminally willful negligence. The news article said nothing about that, either.

As for stupid juries, don't be too quick to blame the actual people seated in the jury box.

They must have my name in the jury lists multiple times, as almost every year, I get called to jury duty. But I almost never actually get empaneled on a jury - only once - an acquaintance rape case.

Usually, the plaintiff or prosecutor has me thrown off without stated reason. One judge explained that prosecutors and plaintiffs don't like doctors, engineers, or other scientist types to be on juries; because theirs is the burden of proof, and we "are way too opinionated and hard to convince" ! That judge didn't allow this, so I ended up serving on that jury.

But just last week, a federal judge "excused" me from jury duty, specifically because I appeared too strong willed to cave in to some stupidity in the facts or in the law, and would not put aside already existing common sense.

While I was glad to avoid a three to four week trial, this left me with a very sobering, and queasy feeling in the gut; that our juries do not actually represent a random sampling of our peers at all; and worse, that common sense is deliberately being weeded out of the jury box. Instead, they are being handpicked, to get the desired result.

And since the citizen jury is the only really effective way to check and balance the otherwise unlimited power of the courts, this weaselly way of weeding out any strong willed person - just to prevent any chance of judge hated "jury nullification" - is indeed a scary thought!

OPB



Subject Written By Date/Time (PST)
  Conductor wins verdict against U.P. [news article] OPRRMS 08-20-2009 - 12:38
  Re: Conductor wins verdict against U.P. [news article] Bill C 08-21-2009 - 08:35
  Re: Conductor wins verdict against U.P. [news article] Torpedo Boy 08-21-2009 - 11:10
  Re: Conductor wins verdict against U.P. [news article] The Montezuma Yardmaster 08-21-2009 - 15:02
  Railroad torpedo d 08-21-2009 - 17:13
  Re: Torpedo uses Severe Duty 08-21-2009 - 19:49
  Re: Torpedo uses Kenn 08-22-2009 - 08:25
  Re: Torpedo uses Ken Shattock (aka Key Route Ken...) 08-22-2009 - 08:59
  Re: Torpedo uses burn bag 08-22-2009 - 08:59
  Re: Torpedo uses Ken Shattock (KRK) 08-22-2009 - 09:46
  Re: Torpedo uses miguel felix 09-02-2009 - 13:26
  Re: Torpedo uses Bill C 08-22-2009 - 10:14
  Re: Torpedo uses jwl 08-22-2009 - 11:41
  Re: Torpedo uses WAF 08-22-2009 - 11:58
  Re: Torpedo uses OldPoleBurner 08-22-2009 - 12:39
  Re: Torpedo uses Third Rail 08-22-2009 - 20:22
  Re: Torpedo delights Steven D. Johnson 08-22-2009 - 23:31
  Re: Torpedo delights Ed Von Nordeck 08-23-2009 - 15:33
  Re: Torpedo delights Steven D. Johnson 08-24-2009 - 03:13
  Re: Torpedo uses Round House Reggi 08-24-2009 - 06:09
  Re: Railroad torpedo Eugene 08-24-2009 - 11:06
  Re: Railroad torpedo--not likely ex BN 08-24-2009 - 13:47
  Re: Railroad torpedo--not likely Dr Zarkoff 08-24-2009 - 22:09
  Re: Railroad torpedo--not likely Q 08-25-2009 - 09:37


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