Norfolk Southern Railway Co. v. Dempsey

Hunstein, Justice.

Norfolk Southern- Railway Company installed a grade crossing over a section of its track in Floyd County in order to allow Dempsey and his predecessors, who owned the property to the west of Norfolk’s track, to gain access to a county road that came to a dead end to the east of the track. It is uncontroverted that the initial use of the crossing was permissive. In the 1980’s Dempsey obtained access off his property via a state highway constructed on the other side of the property; Dempsey then built a private road from the state highway access point and connected it with the…