HELENA, Mont. — Trains must sound a warning when approaching all railroad crossings and a judge was wrong to limit the requirement to public crossings, the state Supreme Court has ruled in a case involving a train collision, a wire service reports.
The unanimous decision by a five-judge panel Tuesday said the law clearly demands locomotives blow whistles and ring bells as they near any highway, road or rail crossing, and that mandate needs no further interpretation.
Jeff Langemo sued Burlington Northern Santa Fe Railway Co. and Montana Rail Link Inc. after he was struck and severely injured by a freight train in June 1999 while riding his all-terrain vehicle over a private crossing west of Helena.
The Supreme Court said because the train that struck Langemo failed to sound a warning as it approached the crossing, it violated the law and District Judge Dorothy McCarter should not have thrown out Langemo’s lawsuit.
The high court faulted McCarter for looking to another law for a definition of what constitutes a highway, road or street. In that process, she concluded those words refer to public routes and, therefore, the law regarding locomotives approaching “any highway, road or crossings” can only apply to public rail crossings.
The plain language of the law as written by the Legislature applies to all railroad crossings, and courts are supposed to interpret laws simply, based on what is contained in the words, Justice Terry Trieweiler said for the court.
Since the railroads sued by Langemo and his wife, Carol, admitted the train involved in the collision did not sound any warning in approaching the crossing to the Langemo’s house, the ruling was a victory for the couple.
The Langemos also prevailed on another key issue involving an agreement between them and the railroads regarding use of the crossing.
The Supreme Court rejected the railroads’ argument that the agreement, in which the Langemos agreed to take responsibility for anything that happens to those using the crossing, means the railroads cannot be held liable for the collision.
The court said the agreement is invalid because it attempts to protect the railroads from their own negligence.
The justices declined to address another issue of whether a blood test showing Langemo had smoked marijuana could be used as evidence in the case. The district judge did not rule on that question, so it could not be appealed, the court said.