Newton v. South Carolina Public Railways Commission

Connor, Judge:

As noted by the trial judge, this case of the “railroad signal that cried wolf’ presents issues that seem to have been devised by a professor for a law school examination. The action is one in negligence. Cheryl O. Newton (Newton) sued the South Carolina Public Railways Commission (Railroad) for injuries she sustained at a Port Royal railroad crossing when she was rear-ended by another vehicle. Newton alleges she stopped at a railroad crossing where lights were flashing and bells were ringing. Moreover, she claims the Railroad was aware this situation had existed for several…