Crouch v. CSX Transportation, Inc.

Cooper, Judge.

Appellant was driving over a one-lane railroad overpass, constructed by appellee, when he swerved to avoid an oncoming vehicle. Appellant’s vehicle crashed through the guardrails on the overpass and fell onto the tracks below. In an action for personal injuries against appellee, appellant alleged that appellee was negligent in its construction and maintenance of the bridge in that the bridge was “totally inadequate for modern day traffic.” In its answer, appellee admitted owning the bridge but stated that the bridge was part of the Cobb County road system and that maintenance…