Saliba v. Union Pacific Railroad

The opinion of the court was delivered by

Lockett, J.:

Plaintiff filed a personal injury action against a railroad and three railroad employees to recover for injuries received when the vehicle plaintiff was driving collided with a train *129at a railroad crossing. The district court granted the railroad’s motion for summary judgment, finding that, under the circumstances, the railroad crossing was not unusually dangerous and the railroad owed no duty to take extra precautions to warn plaintiff. Plaintiff appeals, claiming (1) in granting summary judgment the judge erred by concluding as a matter…