Legal Opinion

Chandler v. National Railroad Passenger

District Court, E.D. Virginia

Decided March 27, 1995No. Civ. A. No. 4:94cv74PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

PAYNE, District Judge.

Among the several issues in this action is the question whether Virginia Code §§ 56-405.3 and 56-406.1 alter the common law duty of railroads to place appropriate protective devices at especially hazardous crossings. For the reasons set forth below, the court concludes that the statutes do not relieve railroads of their common-law duty to identify especially hazardous railroad crossings and to erect and maintain protective devices at such crossings.

In Virginia, the common law remains in force except where it is changed by statutory or…

2Cases cited6 opinions

  1. Hill v. NicodemusCourt of Appeals for the Fourth Circuit · 1992
  2. Griffith v. Raven Red Ash Coal Co.Supreme Court of Virginia · 1942
  3. Duncan v. Union Pacific RailroadUtah Supreme Court · 1992
  4. Atlantic Coast Line Railroad v. ClementsSupreme Court of Virginia · 1946
  5. John F. Ivory Storage Co. v. Atlantic Coast Line RailroadSupreme Court of Virginia · 1948

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Attorney Grievance Commission v. ChildressCourt of Appeals of Maryland · 2001
  2. Attorney Grievance Commission v. ChildressCourt of Appeals of Maryland · 2001

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