After a wildfire, a Colorado town’s residents reluctantly sue a historic railway — The Los Angeles Times

The 416 Fire near Durango, Colorado, ignited on June 1, 2018. By June 21, the wildfire covered more than 34,000 acres and was 37 percent contained. Photo credit USFS via The High Country News

Here’s a report about the lawsuit against the Durango & Silverton Narrow Gauge Railroad from David Kelly that’s running in The Los Angeles Times. Click through and read the whole thing. Here’s an excerpt:

…the federal government and others are pointing the finger at a local icon — the Durango & Silverton Narrow Gauge Railroad, which carries hundreds of thousands of passengers a year through the San Juan Mountains.

Claiming cinders from the coal-fired, steam locomotive ignited brush along the tracks during a time of heightened fire restrictions, the U.S. attorney’s office filed a suit against the train’s owners last month seeking $25 million to cover the cost of putting out the fire. Another two dozen or so citizens and businesses are also suing for damage to their properties.

Nobody wants the train to go out of business, but many fear the suits could eventually drive the railroad into bankruptcy, destroying a historic landmark and badly damaging the local economy…

“The responsible decision of train management would have been to not run the train in those super-dry conditions,” said Thomas Henderson, a Denver lawyer whose firm is representing individuals and businesses suing the train. “The train has started fires for years that the feds have had to put out. They should not get a free pass simply because they are big player in town. That’s not how democracy works.”

[…]

Few businesses are as tied to the railroad as the historic Strater Hotel, built in 1887. Roderick Barker’s family has owned it for 93 years, and he figures at least 50 to 60% of his guests ride the train.

“The train is the lifeblood of this whole town,” he said. “If it were to fail it would certainly be one of the most significant things to happen in the history of Durango.”

He believes the train caused the fire and needs to change its operations. But given its contribution to the economy, he questions why any local business would sue the railroad…

Bobby Duthie, an attorney, grew up on 33rd Street in Durango. The train whistle woke him each morning. He’s ridden it more than 50 times. Now he’s working with Henderson in representing those suing the train.

“I was initially reluctant to get involved because I love the train. But I also know that their decision to run it that day was reckless,” he said, sitting in his downtown office. “They had started fires on the tracks the month before and it was just a matter of time until it got out of control.”

According to the federal lawsuit, the wildfire, dubbed the 416 fire, began on Shalona Hill where the grade is steep. As the train climbed, it cast off sparks and cinders. A metal screen on the smokestack caught many but not all.

“I talked to eyewitnesses,” Duthie said. “I know the train started the fire. I’m sad they chose to run it on June 1, 2018.”

Debris flow from 416 Fire. Photo credit: Twitter #416Fire hash tag

Kristi Nelson’s home escaped the fire but suffered major damage in the mudslides.

“They took 23 dump-truck loads of mud from my property,” she said. “It was devastating. I still have a mortgage on top of $116,000 worth of damages. Let’s say I don’t want to do this work. Can I sell it?”

She said people have urged her not to ruin the train. That stings for the former vice president of sales and marketing for the railroad.

“It is with a heavy heart that I entered into this lawsuit because I love the train,” she said. “But if I crashed my car into the train depot they would expect my insurance to pay. The train’s insurance should do the same.”

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