Hamilton v. Allen

HODGES, Chief Justice.

The issue before this Court is whether the trial court erred in granting summary judgment in favor of the defendants, Richard Allen and the Atchison, Topeka & Santa Fe Railway Company. We find that the trial court correctly entered judgment for the defendants.

The uncontroverted facts submitted by the defendants were not disputed by the plaintiff, Mark Hamilton. Those facts are as follows. High Street is a two lane road which runs north and south. At the scene of the accident, there are two sets of parallel railroad tracks, the mainline track and the Scrivner siding. The…