Legal Opinion
Cox v. Norfolk & Western Railway Co.
District Court, S.D. West Virginia
Decided March 4, 1998No. Civil Action 1:97-0415PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
FABER, District Judge.
Pending before the court is the defendant’s motion for summary judgment filed on December 22, 1997. The plaintiff filed a response on January 21, 1998. The defendant filed a reply on January 29, 1998, and an amended reply on February 4,1998.
Factual and Procedural Background
On March 9, 1995, the plaintiff, Randall Cox, was struck by a Norfolk and Western Railway Company locomotive at a rail crossing commonly referred to as the Davidson crossing. (Def.Mem.S.J.Exh.A.); (Def.Mem.S.J.Exh.C.) The locomotive was operated by Engineer Larry E.…
2Cases cited12 opinions
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- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Mrs. Lizzie Beatrice Easterwood v. Csx Transportation, Inc.Court of Appeals for the Eleventh Circuit · 1991
- Norfolk & Western Railway Company v. The Public Utilities Commission of OhioCourt of Appeals for the Sixth Circuit · 1991
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3Cited by12 opinions
- Myers v. Missouri Pacific RailroadSupreme Court of Oklahoma · 2002
- Anderson v. Wisconsin Central Transportation Co.District Court, E.D. Wisconsin · 2004
- Seyler v. Burlington Northern Santa Fe Corp.District Court, D. Kansas · 2000
- Stone v. CSX Transportation, Inc.District Court, S.D. West Virginia · 1999
- United Transportation Union, Pennsylvania State Legislative Board v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 2013
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