Esworthy v. Norfolk & Western Railway Co.

Plaintiff Loretta Esworthy filed a complaint in the circuit court of Champaign County against defendant Norfolk and Western Railway Company in her capacity as special administrator of the estate of her son who was killed in an auto-train collision when he drove his automobile over a train crossing of the defendant. Defendant then filed a third-party complaint for contribution against four others — Paul and Vivian McDaniels, Pauletta Sanders and the city of Homer (city) — alleging the third-party defendants owned or maintained property next to the railway line where growing trees obstructed…