Allen v. Arnett

JONES, Justice.

This proceeding comes to this court for a review of an action by Amanda Ora (Peach) Arnett and Gerald Arnett, Sr., her husband. The action arose out of an accident that occurred when the operator of an Allen and Caldwell coal truck drove onto a railroad crossing and was struck by a train of the Chesapeake and Ohio Railway Company, causing the truck to collide with the automobile Amanda Arnett was driving. She had also entered onto the railway crossing in an opposite direction simultaneously with the coal truck. Amanda Arnett sought recovery for her personal injuries and Gerald…