Calhoun v. CSX Transportation, Inc.

Opinion of the Court by

Justice SCOTT.

I. Introduction

This is an appeal from a summary judgment order, entered by the Bullitt Circuit Court and affirmed by the Court of Appeals, in favor of Appellees, CSX Transportation, Inc., and one of its engineers. Appellants, Mary and Jesse Calhoun, contend that summary judgment was not appropriate. We accepted discretionary review to consider Appellants’ contentions and for the reasons stated below, affirm in part and reverse in part.

The crux of the present controversy centers around whether the particular railroad crossing was public or private, and the…