James Martin Case v. Chesapeake and Ohio Railway Company

GEORGE CLIFTON EDWARDS, Jr., Chief Circuit Judge.

This case was decided as a matter of law by the District Court on the Chesapeake and Ohio Railway Company motion for summary judgment. Case’s appeal contends that, under applicable Kentucky law and the particular facts set forth in his complaint, he was entitled to a jury trial. We agree and reverse for trial.

Appellant Case, a 34 year old resident of Garrett, Kentucky (population approxi mately 850), was walking back at 3:00 a.m. from a restaurant where he had sought help for a disabled car. As he proceeded along the railroad track which…