Case v. Norfolk & Western Railway Co.

The cause of action before this court on appeal arises from a grade crossing collision between a train operated by the Norfolk & Western Railway Company (“railroad”) and an automobile on the evening of December 22, 1984. The driver of the automobile, Kathy Ann Keller (“Keller”), and her passengers, Melanie D. Hay, Timothy R. Keller and Chad Keller, were killed as a result of the collision.

No conflict exists between the parties as to certain facts of the case sub judice. The collision took place on State Route 101 which runs north to south in an area of open country. That road is intersected…