Cogswell v. Norfolk & Western Railway Co.

This is a wrongful death action which arose out of a collision between plaintiff’s decedent’s truck and defendant Norfolk and Western’s train at a crossing within the boundaries of defendant Valentine’s farm property. In essence, plaintiff has alleged that on an icy December afternoon decedent was unable to stop and slid down a steeply sloping road into the train. She alleged that decedent’s view of the tracks was obstructed by an embankment until he reached the crest of a hill, at which point it was too late to prevent the truck from sliding into the train. She alleged that Valentine gave no…