ST. PAUL, Minn. -- The railway track where a 9-year-old boy's feet were severed in St. Paul's North End last month was not guarded by a fence as required by Minnesota law.

Last month, St. Paul authorities say Marshawn Farr-Robinson climbed onto a slow-moving train that was traveling along railway tracks located about a block from the boy's home at Ivy Avenue West and Farrington Street. The tracks belong to Burlington Northern Santa Fe.

Police reports and fire officials say Farr-Robinson fell and the train amputated both his feet. There were two trains in the area at the time - one belonging to BNSF and another belonging to Canadian Pacific. Which train was actually involved in the incident is still under investigation according to a BNSF spokesperson and police reports. A well-worn path leads to the tracks. The path is considered to be a shortcut between two neighborhoods, despite a clearly posted no-trespassing sign on the railroad's property.

After the incident, people who live in the area expressed concern that the tracks were dangerous and should have been blocked by a fence.

While anyone who goes onto railroad property without permission is a considered a trespasser, railroads are required by Minnesota law to "build and maintain good and substantial fences on each side of all lines of its railroad." Minnesota Statute 219.31 has been on the books for about a century. It was originally written to protect livestock. But over the years Minnesota courts have said that the law is also intended to protect young children. The issue has come up in more than a half dozen legal cases involving railroads and injuries and deaths on the tracks.

Farr-Robinson's story hits very close to home for 32-year-old Andre Fisher of Brooklyn Center. When Fisher learned that the boy's feet were severed by a train, it was like hearing his own story retold.

"Kind of eerie to think of it," says Fisher.

Twenty-two years ago, the same thing happened to Fisher in almost the same way.

"Just left one of our friend's houses...waiting for the train to go past. Next thing I know I was looking at my legs and they was gone," he says.

Fisher was 9 and lost both his legs when he was hit by a train in an area which is today the Midtown Greenway in Minneapolis. He crossed over the tracks from a path used by many kids as a shortcut to a nearby park. There was no fence to stop them and his life was changed in an instant.

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State law requires fences around railroad lines

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Editor's Note: "Neighbors and Fences" is a series The Times is beginning in this edition, which will continue in the coming weeks and months. The series will look at the socioeconomic, racial, educational, recreational and religious components to addressing the township's recent rash of violence and unrest, and will examine the tensions and divides within Montclair.

James Harris

James E. Harris, president of the New Jersey State Conference of the NAACP, sees an interesting dynamic moving through Montclair.

Walking throughout the township he's called home for more than 35 years, Harris will notice a "For Sale" sign go up in front of a house. A few weeks later, the sign will come down, a giant dumpster will be placed outside and contractors will proceed to completely remodel the home.

After the work is done, but before the new family ever moves in, a fence will go up around the house. Harris noted that fences aren't traditionally part of Montclair homes and, as he's spent more than 20 years involved with the Montclair Civil Rights Commission, the practice concerns him.

"The fences don't promote integration. They promote segregation," Harris told The Times. "It's one thing to talk over the hedges. It's another thing to talk over a fence."

In Harris' view, the problem starts at home and it begins with adults. In his estimation, there are fewer examples of cross-racial interaction in the township now than there were when he moved here in 1975. The state NAACP president attributes the decrease, in large part, to the unwillingness of residents of all races to open up their homes and invite other members of the community over for a cup of coffee or a party.

What happens down the line, Harris says, is that parents who tend to associate with parents of the same race have children who grow up closer with children of the same race. Montclair's magnet school program has done well to diversify classrooms across the township; however, there is still work to do, Harris said.

One idea would be to take the same "magnet" concept and actively diversify Montclair's youth sports programs, allowing for children to interact with children of other races and backgrounds outside the classroom and put parents in position to do the same.

"Those conversations take place at the soccer field, at the synagogue, wherever parents congregate - those conversations are informal, but they're very significant," said Harris. "I think there should be a heightened sensitivity. If we don't have racial diversity, we ought to have a conscious effort to make it happen."

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Montclair Times Neighbors and Fences: The divides that bind

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