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Personally? I don't think he has a leg to stand on.....

It would be interesting to see if there was any witnesses that can attest to the train not tooting its horn. The guy sensed a train but was to stupid to look around for it? Those tracks start vibrating way before that train gets there. It's his own fault.
 
Reminds me of an idiot councilman in SC that thought the city could regulate the traffic at a crossbuck. Stupid bastard. The railroad owns that crossing. They 'allow' the city street to cross it at surface level.
 
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He should've done this!
 
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