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times.” Tr. 1303, 1312; see also Tr. 1727, 2081, DX18G, 18H (photographs). Thus,

simply installing chain-link fences along the tracks would not be enough: Defendants

would “have no choice but to continue [to] repair” them. Tr. 1312; see infra pp. 48-49.

And because the right-of-way adjoined private property in some locations, defendants

would have to “work with the property owner” or “whatever” if they wanted to build or

repair those fences. Tr. 1314, 1972, 2091. Dr. Berg could not say how such maintenance

would be done or how much it would cost. He had never been involved in fence

construction. Tr. 1309. Furthermore, Dr. Berg’s cost figures for installing fencing were

dramatically understated. He supposed that 75 percent of the 6000-foot corridor between

Ridgeland and Central did not already have fencing (Tr. 1259), which meant that 9000

feet of new fencing would need to be installed. Dr. Berg estimated that six-feet-tall

fencing would cost $18 per foot. This works out to be $162,000 (or $216,000, if the

existing fencing is ignored)—not $27,000, as Dr. Berg first calculated. Tr. 1259, 1310-

11. Dr. Berg admitted that the “actual costs” would be unknown until a field survey was

completed, which he had not done. Tr. 1311. Topping it all off, it is “doubt[ful] that such

measures would have been capable of restraining [Choate] from ‘hopping’ . . . trains

when he was of a mind to do so.” Alston v. Balt. & Ohio R.R., 433 F. Supp. 553, 557 n.17

(D.D.C. 1977). Choate enjoyed climbing trees and fences (Tr. 1728), and it “defies both

logic and the evidence” to suppose that the fence proposed by Dr. Berg could have

restrained him. Id.; see also Butler, 909 A.2d at 114 (“to construct a boy-proof fence at a

reasonable cost would tax the inventive genius of an Edison”); Nolley v. Chicago,

Milwaukee, St. Paul & Pac. R.R., 183 F.2d 566, 569 (8th Cir. 1950) (“no fence, other

than a wholly insurmountable one, like a castle wall, would have served to keep [the

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