Rail trial leads to arrest of two Oxford men
OXFORD – Two Oxford brothers were arrested Thursday evening for trespassing on the New York Susquehanna and Western Railroad tracks through the village. The two men, Dan and Coleman Burke, were testing a design for a low-horsepower railcar which they claim could be adapted for use on a scenic railroad.
The Burke brothers were arrested at approximately 6:30 p.m. Thursday on the tracks by the Oxford Historical Museum at 1 Depot St. in Oxford. The rail car, designed and built by the Burkes, was impounded. Their 96-year-old mother, Mary, was present during the incident and could have also faced prosecution.
“Trespassing on railroad property has been illegal in the United States since the 1800s,” said Investigator Jim Willis of the New York Susquehanna and Western Railroad. The Burkes’offense could have been considered criminal trespassing, Willis said, but the railroad chose to recommend a charge of simple trespassing. The railroad also declined to prosecute the pair’s mother.
The Burkes claim they did not know they were violating any laws by their track test. “I didn’t think anyone would do more than tell us to stop,” said Dan Burke.
“I guess we upset them a little, but we didn’t mean to,” said his brother, Coleman.
Willis, who single-handedly covers the roughly 450 miles of track operated by the NYS&W, was notified of the “test” by the Oxford Police Department. While trespassing was the ticketed offense, the investigator said liability was also a major concern. According to Willis, the previously un-tested railcar was transported to the track on an unregistered and unlicensed trailer and “didn’t even have brakes.”
“It worked perfectly the first time,” said Dan Burke, of his prototype. “That part of it was a great success.” Burke believes that low-horsepower railcars could make scenic railways more economically viable.
Burke stressed that his goal is not to compete in any way with the NYS&W. “I know what it costs to run a scenic railway,” said Burke, citing his support of the Cuyahoga Valley Scenic Railroad in Cleveland. Burke would like to see a scenic railway run on the track through Chenango County. He said his goal “is to save the railroad and the right of way” through the area.
According to Willis, the NYS&W has not turned its back on the section of line through Chenango County that is currently out of service but the repairs needed are expensive.
Regardless of the Burkes’ intentions, Willis maintains that their unauthorized use of the tracks was illegal. “They knew better,” said Willis. According to the investigator, no unauthorized use of the tracks is allowed. That includes hiking or walking along the rail corridor.
Dan and Coleman Burke are scheduled to appear in the Village of Oxford Court on Sept. 16.
The Burke brothers were arrested at approximately 6:30 p.m. Thursday on the tracks by the Oxford Historical Museum at 1 Depot St. in Oxford. The rail car, designed and built by the Burkes, was impounded. Their 96-year-old mother, Mary, was present during the incident and could have also faced prosecution.
“Trespassing on railroad property has been illegal in the United States since the 1800s,” said Investigator Jim Willis of the New York Susquehanna and Western Railroad. The Burkes’offense could have been considered criminal trespassing, Willis said, but the railroad chose to recommend a charge of simple trespassing. The railroad also declined to prosecute the pair’s mother.
The Burkes claim they did not know they were violating any laws by their track test. “I didn’t think anyone would do more than tell us to stop,” said Dan Burke.
“I guess we upset them a little, but we didn’t mean to,” said his brother, Coleman.
Willis, who single-handedly covers the roughly 450 miles of track operated by the NYS&W, was notified of the “test” by the Oxford Police Department. While trespassing was the ticketed offense, the investigator said liability was also a major concern. According to Willis, the previously un-tested railcar was transported to the track on an unregistered and unlicensed trailer and “didn’t even have brakes.”
“It worked perfectly the first time,” said Dan Burke, of his prototype. “That part of it was a great success.” Burke believes that low-horsepower railcars could make scenic railways more economically viable.
Burke stressed that his goal is not to compete in any way with the NYS&W. “I know what it costs to run a scenic railway,” said Burke, citing his support of the Cuyahoga Valley Scenic Railroad in Cleveland. Burke would like to see a scenic railway run on the track through Chenango County. He said his goal “is to save the railroad and the right of way” through the area.
According to Willis, the NYS&W has not turned its back on the section of line through Chenango County that is currently out of service but the repairs needed are expensive.
Regardless of the Burkes’ intentions, Willis maintains that their unauthorized use of the tracks was illegal. “They knew better,” said Willis. According to the investigator, no unauthorized use of the tracks is allowed. That includes hiking or walking along the rail corridor.
Dan and Coleman Burke are scheduled to appear in the Village of Oxford Court on Sept. 16.
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