Raymond Parvin v. Clinchfield Railroad Company

MERRITT, Circuit Judge.

In this diversity case, plaintiff appeals from a directed verdict entered by the District Court in favor of the defendant, Clinchfield Railroad Company. Plaintiff was injured while driving his automobile across a railroad crossing. The District Court concluded that plaintiff’s failure to see the train coming before the collision constituted contributory negligence under Virginia law barring recovery. We reverse and remand for trial.

I

The plaintiff and his family, who live in Illinois, were visiting the Stewarts at their farmhouse back off the main road in rural Scott…