Haynes v. City of Nitro

Harshbarger, Justice:

On January 19, 1972 Mae Haynes was a passenger in an automobile operated by her daughter-in-law, Linda K. Workman, who drove it off Wilson Street in the City of Nitro, Kanawha County, and onto Penn Central Transportation Company’s tracks that were more than a foot below street level.

Wilson Street was a public street, at least to the point where it entered the Penn Central right-of-way. But even there it was paved across the right-of-way a distance of about 27 feet to a point within three feet of the tracks. A crossing had been maintained for some years, but the planks…