Sharp v. Norfolk & Western Railway Co.

The determinative issue posed in this appeal is whether the trial court was correct in sustaining defendant’s motion for a judgment n.o.v. As part of our decision, we must also consider whether the trial court was correct in finding that the reasonable discemibility of the train at the crossing was obvious, based on the evidence submitted, so as to remove this question from the jury. For the reasons that follow, we reverse the court of appeals’ judgment which affirmed the granting of the motion for judgment n.o.v., and remand the case for a new trial.

The “assured-clear-distance-ahead” rule…