Mills v. Norfolk Southern Railway Co.

Eldridge, Judge.

This case comes on appeal after the trial court granted a new trial on special grounds to Norfolk Southern Railway Company 1 on the train-vehicle collision that occurred when the automatic warning devices at the crossing failed to timely activate before the vehicle entered the crossing. The special ground for the grant stated that testimony as to prior notice of the gravity of danger from activation failures of automatic crossing warning devices, evidenced by similar occurrences, should not have been admitted, because each such occurrence had not been shown to be substantially…