Norfolk & Western Railway Co. v. Greenfield

On July 30,1974, Charles Wilbur Greenfield was killed when the 1963 Ford station wagon he was operating was struck by a Norfolk and Western Railway Company train at a rural railroad crossing in Warren County. In this death by wrongful act suit instituted against N & W by Greenfield’s administratrix, the court below, overruling post-trial motions, entered judgment on a $350,000 jury verdict in favor of the plaintiff.

To the November 1976 final order, we granted the railroad’s petition for a writ of error, which raised a number of issues. In the view we take of the case, however, we will address…