Legal Opinion
Cole v. Norfolk Southern Ry. Co.
Roanoke County Circuit Court
Decided March 4, 2016No. Case No. CL 12-137Published
1Opinion of the Court
By
Judge Charles N. Dorsey
The Defendant, Norfolk Southern Railroad Co. (“Norfolk Southern”), filed a plea in bar in response to the Plaintiff, Alan Cole, Executor of Aaron Cole’s Estate (“The Estate”), having filed a complaint. The Court heard argument on October 21, 2015. After reading the submitted briefs, researching, and analyzing relevant case law, the Court grants Defendant’s Plea in Bar for the reasons set out below.
Facts
The matter before the Court originates from Aaron Cole’s first lawsuit against Norfolk & Western. The Norfolk & Western Ry. Co. is the predecessor of the Norfolk…
2Cases cited16 opinions
- Callen v. Pennsylvania RailroadSupreme Court of the United States · 1948
- Virginia Impression Products Co., Inc. v. Scm Corporation, Virginia Impression Products Co., Inc. v. Scm CorporationCourt of Appeals for the Fourth Circuit · 1971
- Boyd v. Grand Trunk Western RailroadSupreme Court of the United States · 1949
- David J. Fries v. Chicago & Northwestern Transportation CompanyCourt of Appeals for the Seventh Circuit · 1990
- Tomlin v. McKenzieSupreme Court of Virginia · 1996
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