Sampson v. Norfolk Southern Corporation, Unpublished Decision (9-29-1999)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] JUDGMENT ENTRY.

This appeal, considered on the accelerated calendar under App.R. 11.1(E) and Loc.R. 12, is not controlling authority except as provided in S.Ct.R.Rep.Op. 2(G)(1).

The first assignment of error, which alleges that the trial court erred in granting the motion for summary judgment of defendants-appellees Norfolk Southern Corporation and Norfolk and Western Railway Company, is overruled. Kevin Sampson was an undiscovered trespasser, and, therefore, the railroad owed him no duty other than to refrain from…