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Old 04-11-2005, 11:48 AM   #1
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Default Who has to pay for state roads.

Just was involved in a lunch time conversation about a situation that has come about in a small town near by. What has happened, a man (farmer to be exact) was driving his tractor down town, when his hydraulics popped lose. The middle part of his plow fell and buried into the street. He didn't know and continued on down the road, plowing up the street. Some people in town stopped him and pointed out he had not hooked up his hydraulics correctly. He put it back on correctly and high tailed it out of there. By the time the cops showed up, he was long gone. The witnesses say he stunk of whiskey, cant be sure if he was drunk or not because this guy always stink of whiskey. The kicker to this story, the farmers comes from a lot of family money, he has hired a lawyer and is already setting up his defense as to why he shouldn't have to pay for the reconstruction of the road. Im curious as to what grounds this guy could possible stand on.

The rumor is, this guy is saying he doent have to pay for the road because it is going to get fixed with tax payers money any way. This might make for some good old hometown feuding
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Old 04-11-2005, 11:53 AM   #2
 
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Old 04-11-2005, 11:54 AM   #3
 
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Default RE: Who has to pay for state roads.

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The kicker to this story, the farmers comes from a lot of family money, he has hired a lawyer and is already setting up his defense as to why he shouldn't have to pay for the reconstruction of the road. Im curious as to what grounds this guy could possible stand on.
I "believe" that depends upon local statutes. I know that around here if you get caught having a guy deliver a 40 yard dumpster and it's placed in the street, some places make you fork up a $400 deposit in the event you destroy the street.
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Old 04-11-2005, 12:32 PM   #4
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Default RE: Who has to pay for state roads.

Speaking as someone who has pulled a plow before, I think you would have to be pretty messed up to not know your plow was in the ground. There is such an additional load when you start turning over earth (or blacktop road, in this case) that you would have to be about insensible to not know the difference. But I guess a heavy load of alcohol can do that. And the additional heavy load is constant, it isn't like pulling a heavy trailor where once you get up to speed you may forget about it. The load remains heavy. If you could somehow magically instantly disconnect the plow it would not continue to roll like a trailor -- it would stop just about instantly, maybe two feet after disconnect.
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Old 04-11-2005, 12:38 PM   #5
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Default RE: Who has to pay for state roads.

Assuming the farmer is deemed negligent for damages I.E. not properly hooking up hydraulics or maintaining the hydraulics in proper working order - His "Farm Owners" insurance should pay the damages to road.

I bet as we speak the town/taxpayers are lookin into who his insurance carrier is.

From what I'm reading here - his attorney better pull a Whabbit Outa the Hat to get him outa that one!
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Old 04-11-2005, 12:58 PM   #6
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Default RE: Who has to pay for state roads.

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ORIGINAL: Alsatian

Speaking as someone who has pulled a plow before, I think you would have to be pretty messed up to not know your plow was in the ground. There is such an additional load when you start turning over earth (or blacktop road, in this case) that you would have to be about insensible to not know the difference. But I guess a heavy load of alcohol can do that. And the additional heavy load is constant, it isn't like pulling a heavy trailor where once you get up to speed you may forget about it. The load remains heavy. If you could somehow magically instantly disconnect the plow it would not continue to roll like a trailor -- it would stop just about instantly, maybe two feet after disconnect.
I feel the same way. I dont do a lot of farming, but have plowed my share of fields, that is why I think this guy had to be toasted. He isnt the sharpest knife in the drawer. Just a year ago, this same guy drove his case over his cattle guard pulling it out of the ground.
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Old 04-11-2005, 03:13 PM   #7
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Default RE: Who has to pay for state roads.

Sounds like this guy or his insurance company is gonna be paying for a road repair job.
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Old 04-11-2005, 11:26 PM   #8
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Default RE: Who has to pay for state roads.

Quote:
I bet as we speak the town/taxpayers are lookin into who his insurance carrier is.
I'll bet they are going to be shocked and dissappointed.......
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Old 04-12-2005, 05:44 AM   #9
 
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Default RE: Who has to pay for state roads.

TXDOT will be billing him for the repair to any damage to state roads or rights of way.
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Old 04-12-2005, 08:55 AM   #10
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Default RE: Who has to pay for state roads.

A new developement. He just ripped down his neighbors fence with his plow. Last night his neigbor was out herding up his cattle and building a new fence. They said the plower was drunker than a skunk. Im real surprised he didnt get shot. The neighbor, whos fence he tore down, is not known as the friendliest guy in the world. Is there any law agianst plowing under the influence.

This is getting interesting.


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