William C. Hostetler v. Consolidated Rail Corporation

BATCHELDER, Circuit Judge.

This is a personal injury action involving a train/car collision at a Consolidated Rail Corporation (“Conrail”) grade crossing. The issue in this appeal is simply what defendant Conrad’s duty is with respect to placing extra-statutory warnings 1 such as lights and/or gates at the crossing to alert motorists to the presence of oncoming trains. Conrail argues that: (1) it was entitled to judgment as a matter of law, because the evidence established that the crossing was not “extra-hazardous” and, therefore, it owed no duty to install active warnings; and (2) it was…