Sprenkel v. Consolidated Rail Corp.

BECK, Judge:

Appellants Susan E. Sprenkel and Robert C. Sprenkel brought this action to recover damages for injuries suffered by Susan Sprenkel when her automobile collided with a freight car belonging to appellee Consolidated Rail Corporation (“Conrail”). The trial court sustained preliminary objections in the nature of a demurrer filed by appellee, and dismissed appellants’ lawsuit. We determine that the “Occupied Crossing Rule” survives to shield the defendant railroad from liability in this negligence action.

In this appeal from the dismissal of an action based on preliminary objections, we…