William T. Rawls, v. N.V. Hodge, Norfolk Southern Railway Company, Inc., and James Moyer Massey

Case Number
03A01-9707-CV-00293

William T. Rawls (plaintiff) brought this action to recover damages resulting froma collision between a truck in in which he was a passenger and a train owned by Norfold Southern Railway Company. The truck was being driven by the defendant, James Massey. The train engineer was the defendant, N.V. Hodge. Rawls alleged that Norfolk Southern's locomotive was at the timeof the collison being operated in a negligent manner under the circumstances existing at the crossing where the accident took place.  He alleged that Hodge failed to give warning by blowing the train's whistle or horn, and that the crossing was not sufficiently marked by adequate warning devices. Rawls also sued Dycho Company, the owner of the land adjacent to to the rialway, alleging that a fence which Dycho had placed onits land, together with various structures and objects inside the fence, constituted a dangerous obstruction which blocked the view of the oncoming train.

Authoring Judge
Judge Don T. McMurray
Originating Judge
Judge Wheeler A. Rosenbalm
Case Name
William T. Rawls, v. N.V. Hodge, Norfolk Southern Railway Company, Inc., and James Moyer Massey
Date Filed
Dissent or Concur
No
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