Witham v. Norfolk & Western Railway Co.
Indiana Supreme Court
1Opinion of the Court
ON CIVIL PETITION TO TRANSFER
DICKSON, Justice.
In this action for personal injury resulting from a railroad crossing collision, the trial court granted the defendants' motion for summary judgment. The Court of Appeals affirmed, Witham v. Norfolk and Western Ry. Co. (1989), Ind.App., 585 N.E.2d 1197. We reverse.
On April 9, 1983, 28-year-old Eddie J. Witham was severely injured when the automobile he was driving was struck by a Conrail train at the U.S. Highway 836 railroad crossing owned and maintained by Norfolk and Western Railway (N & W) in Mt. Summit, Indiana. The trial court entered…
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