Walker v. Union Pacific Railroad

ORME, Judge:

Plaintiff in a personal injury suit appeals the trial court’s dismissal of his action for failure to establish a prima facie right to relief. We affirm in part, reverse in part, and remand for further proceedings.

BACKGROUND

Given the posture of the case, we recite the facts as consistent with the evidence put on by appellant in his case-in-chief. On November 7, 1986, appellant was walking to a bus stop to catch a bus to work when a train owned by appellee Union Pacific pulled across an intersection in front of him and stopped, effectively blocking appellant’s path. Appellant had…