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□ intern reporter Zhang Tao Zhang Nana
Yesterday, lost a 3-year-old daughter of Tongbai County Town residents Feng Changjun After more than two years to run around after, holding civil judgments Tongbai County Court came to the newspaper. The verdict shows that the court verdict to compensate the plaintiff Zhengzhou Railway Bureau Feng Changjun couple 220,000 yuan.
Feng Changjun said in the complaint, is not set somewhere between Zhengzhou Railway Bureau Nanyang Tongbai road to Moon River station walls, fences, protective nets and other protective equipment and warning signs, at 8:50 on December 16,http://www.gangansearch.com, 2007, the daughter of Lu Feng From there, climb stairs pedestrian corridor railways play when he was sent to Xi'an, Shenzhen K448 train hit lethal. After the accident,Veste barbour, authorities solve numerous experiences of finding him to no avail, then bring a civil action in accordance with the relevant laws and require the defendant to compensate the plaintiff caused by the death of her daughter due to compensation for death,http://books.boatdesign.net/bookstore/books.cgi, funeral expenses, lost income and mental solatium total of 40.1512 million yuan.
Zhengzhou Railway Bureau defendant contends that the accident is a normal train K448 train traveling along the railway line with a marbled staircase up to 15 meters of slope, the Department of Planning should GuiLong railroad railway stone pillow, fixed rail stability requirements for, is railway maintenance and security needs, not for ordinary shuttle walkways. The plaintiff failed to fulfill its duty of guardianship, should take full responsibility.
Court investigation confirmed: at 8:50 on December 16, 2007, K448 train runs to the accident at the railway line will be sitting in the little girl Feng Lu bruised to death. Railway Square incident took 1600 yuan as funeral expenses. December 25,http://store.shopping.yahoo.co.jp/ebest-dvd/0000001046080.html,scarpe hogan outlet, 2007, the Zhengzhou railway safety supervision departments of the accident to the railway traffic accident, found dead parents Feng Changjun not doing guardianship responsibility, should bear full responsibility for the accident. Both sides of the railway line to the scene at about 7 meters west are about 15 meters high slope gradient, slope ladder is not set around a non-railway security staff and related personnel warning signs can not be accepted.
Court held that, in accordance with the relevant provisions of the "Railway Transport Safety Protection Ordinance",peuterey outlet,http://www.zi9.net/forum.php?mod=viewthread&tid=203586, the two sides should establish railway railway line safety protection zone, in this security zone boundaries should be set up stakes and set according to actual needs walls,http://www.jerryodom2010-1925929.adminkc.com, fences and other protective facilities . Plaintiff daughter's accident site is located in a rural residential area,hogan rebel,http://www.sportmedicine.ru, in this area,canada goose solde,http://store.shopping.yahoo.co.jp/gion/lng16001x3.html, the defendant did not set up protected areas. In the region, both sides of the railway slope ladder, although the slope of the ladder system for railway maintenance and security use, but the defendant did not set a non-railway security staff and related personnel impassable warning signs on both sides of the railway objective residents production and living conditions and create a passage. In this case the accident occurred near the former also run over the elderly and livestock phenomenon, the defendant should actually need to actively take protective measures in accordance with. A causal relationship between the defendant and the victim died omission, so the defendant caused the plaintiff's loss should bear the primary liability. Lu Feng plaintiff as the guardian of the dead, which has a certain fault. According to the actual situation of the present case, the defendant liable for 70% is appropriate. Under the "Railway Law",http://www.ydkx.org/thread-271040-1-1.html, "Civil Law" and relevant laws, the first instance verdict the defendant to the plaintiff Feng Changjun Zhengzhou Railway Bureau, 70% Lu Xingqin compensation for death, funeral expenses and other costs totaling 19.3284 million yuan compensation for mental solatium 3 million.
The defendant refused to accept the judgment of first instance of Zhengzhou Railway Bureau, has appealed to the Intermediate People's Court of Nanyang City. |
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發表於 2015-11-24 01:07:57
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