Evelyn Edmondson Bland v. Norfolk and Southern Railroad Company, Incorporated

WINTER, Circuit Judge:

Plaintiff, the operator of an automobile in collision with a train at a railroad crossing in Washington County, North Carolina, sued the railroad for personal injuries and property damage. Suit was filed initially in a state court, but removed to a federal court because of diversity of citizenship and the amount in controversy. After removal, defendant, by interrogatories propounded to plaintiff, obtained plaintiff’s version of how the collision occurred. Defendant’s motion for summary judgment followed, and it was granted by the district court on the ground that…