Smith v. CSX Transporation, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION (at Ashland) GEORGE SMITH, ) ) Plaintiff, ) Civil Action No. 0: 15-104-DCR ) V. ) ) CSX TRANSPORTATION, INC., ) MEMORANDUM OPINION ) AND ORDER Defendant. ) *** *** *** *** Defendant CSX Transportation, Inc. (“CSXT”), has moved for summary judgment on Plaintiff George Smith’s claims for damage to land and easement by necessity. [Record No. 30] CSXT removed a private railroad crossing, previously granting Smith access to his parcel from an intersecting road. Smith contends that he now lacks reasonable access to his…