Morehead v. Peyton

The plaintiff appeals from a judgment entered by the Circuit Court of Jefferson County on a jury verdict for the defendant in a personal injury action.

On May 18,1974, around noon, the plaintiff was a passenger in a 1969 pickup truck driven by her husband. The truck was stopped on a highway waiting for a train to pass when it was suddenly, without warning, struck in the rear by a car driven by the defendant. Upon impact, the plaintiff’s head hit the rear window of the truck. There was minor damage to both vehicles.

It appears from the evidence that as the train cleared the highway, both…