Pate v. Georgia Southern & Florida Railway Co.

Birdsong, Judge.

Appellant, Michael A. Pate, appeals the order of the trial court granting summary judgment to appellee railroad.

Appellant and his passenger, Spires, were en route to visit some friends when appellant’s vehicle struck appellee’s train at the 117th car at a railroad crossing. The evidence is in conflict whether the train was moving or stationary at the time; appellant asserts the train was stopped or he would have heard it.

It was about 1:15 a.m. and cloudy. It had rained two or three hours earlier, and appellant testified in his deposition that the pavement was still wet. There…