Legal Opinion
Smith v. Norfolk & Western Railway Co.
District Court, N.D. Indiana
Decided October 8, 1991No. S90-494 (RLM)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
MILLER, District Judge.
On October 6, 1988, Judy Smith died as a result of a tragic automobile/train collision on U.S. 35 (Heaton Street) in Knox, Indiana. At 5:30 a.m., Ms. Smith’s southbound automobile was crossing single main line tracks and was struck by a westbound train operated by Norfolk and Western Railway Company (“Norfolk”). Ms. Smith’s husband and children brought this wrongful death action, alleging that Norfolk negligently failed to provide adequate warning devices and negligently operated its train.
Norfolk moves for summary judgment, contending that the…
2Cases cited37 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
- English v. General Electric Co.Supreme Court of the United States · 1990
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3Cited by4 opinions
- Robert E. Hatfield v. Burlington Northern Railroad CompanyCourt of Appeals for the Tenth Circuit · 1992
- Brennan v. Wisconsin Central LimitedAppellate Court of Illinois · 1992
- Emery v. Southern Railway Co.Court of Appeals of Tennessee · 1993
- Union Pacific Railroad v. Motive Equipment, Inc.Court of Appeals of Wisconsin · 2006