Appeals Court Says Border Officials Exceeded Authority Against Railroad (UP)

Trains Magazine General Discussion
1

Here’s a link to the decision. Fascinating:

http://media.ca8.uscourts.gov/opndir/13/12/122143P.pdf

2

http://media.ca8.uscourts.gov/opndir/13/12/122143P.pdf [Activated]

Very interesting!

Especially SCOTUS’ interpretation of the diligence required of a common carrier (perhaps may apply to tank cars?):

“The Supreme Court explained in Horst that the phrase ‘highest degree of care and diligence’ do[es] not mean all the care and diligence the human mind can conceive of, nor such as will render the transportation free from any possible peril, nor such as would drive the carrier from his business… but it does emphatically require every thing necessary to the security of the passenger upon either, and reasonably consistent with the business of the carrier, and the means of conveyance employed.”

3

Thanks for the link. Took a while to digest the 28 pages but it was time enjoyably spent.

John

4

Thanks as well. I found it very interesting.

5

Nice to see that common sense prevailed.

John Timm

6

After reading all of that, I come to the conclusion that CBP had come up with a semi-legal scheme to get money for it’s operations.

I wonder what percent of the money CBP would get of the money would have the court not denied their case?

Seems just like the asset forfeitures that police departments do for more income.

7

I thought it was outrageous when it first came out, that UP was expected to pay fines for not being able to do what the border patrol, tasked with that job, also could not do.