DURANGO, Colo. — A trial in which more than 30 property owners and businesses are seeking damages from the Durango & Silverton Narrow Gauge Railroad over a 2018 wildfire has been delayed, the Durango Herald reports.
The civil lawsuit was delayed by 6th Judicial District Judge Suzanne Carlson to Aug. 29 because of ongoing negotiations between the railroad, parent company American Heritage Railways, and the federal government in a separate case. In that lawsuit, the government is seeking reimbursement of $25 million in costs related to fighting the 416 Fire, which burned more than 50,000 acres in 2018. After delays related to the COVID-19 pandemic, that trial is set for May [see “Trial set for May to determine Durango & Silverton responsibility …,” Trains News Wire, Jan. 4, 2022].
An attorney for American Heritage Railways said during a hearing last week that the negotiations with the government would affect the civil trial. That lawsuit, filed in September 2018, says errors and negligence by the Durango & Silverton led to the fire. The plaintiffs seek reimbursement for damage from smoke, mudslides, flooding, and indirect costs such as lost business.
Businesses biting the hand that feeds it (with tourists)
All they have to do is go to Washington and get economic hardship grants. Why work , if you don’t want to?
Close it and scrap it. It’s obvious that nobody wants it and it won’t be missed.
this trial is ridiculous this tourist railroad can’t be shut down
Have to agree with you Bruce. Some years back I rode the Steam Town train north out of Scranton over the Hallstead cutoff an the Tunkhannock Viaduct. I was on the head end going north so when the engine changed ends on the way back I was on the rear car. Before going back through the Nicholson Tunnel the park ranger that was on board told us not to worry about the headlights we see it was a Hi-Rail fire truck keeping an eye out for hot cinders.
Behind every train is a Speeder with firefighting equipment. If some coal speckles land on the ground and ignite, then the Speeder would stop and put out the fire. This method of controlling fires for the railroad has worked successfully for many years.
Therefore, it would be difficult at best to convict the railroad of negligence.
All the plaintiffs are grasping for is a scape goat.