Cagle v. Norfolk Southern Railway

HAYES, District Judge.

The plaintiff has moved for a judgment on the pleadings and the facts stipulated in the record.

The plaintiff brought this action to recover damages of the defendant which the plaintiff alleges he sustained on the track of the defendant at a private crossing when the defendant’s train collided with the plaintiff’s tractor which was being operated at the time by the plaintiff. The defendant pleaded the plaintiff’s contributory negligence in bar of his right to recover in that he drove his tractor onto the railroad track without stopping, looking or listening and that he…