I think it's both the railroad inspector and the driver who drives the car. The railroad inspector didn't come fix the problem and the driver didn't take his car to the shop to get his problem fixed. So honestly, it's both their faults.
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Although defined within the context of a media defendant, the rule requiring proof of actual malice applies to all defendants including individuals. The standard can make it very difficult to prevail in a defamation case, even when allegations made against a public figure are unfair or are proved to be false.
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Answer:
Carry proof of insurance whenever you drive
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