Barger v. Chesapeake & Ohio Railway Co.

McCormac, Judge.

Plaintiff-appellant, Larry Barger, appeals from the judgment of the Franklin County Court of Common Pleas granting summary judgment in favor of defendant-appellee, Chesapeake & Ohio Railway Company, and raises the following assignments of error:

“I. The trial court erred in granting summary judgment in favor of appellee since numerous material issues existed.

“A. Summary judgment may not usurp a party’s right to trial where conflicting material facts exist.

“B. Negligence, proximate cause, discernibility, audibility of the train, unreliability of appellee’s flasher system, and…