Wright v. Norfolk & Western Railway

By Judge J. Samuel Johnston, Jr.

This is my opinion concerning the issues under advisement in the above-styled case. The issues are three in number, and I will address them seriatim.

Issue I. Has federal law preempted plaintiff’s claim of negligence concerning the failure of the defendant to provide adequate grade crossing warning devices?

Issue II. Did defendant waive objection to the issue of contributory negligence being submitted to the jury?

Issue III. Was Riley E. Wright guilty of contributory negligence as a matter of law?

I

This issue has been exhaustively briefed and argued by counsel. The…