Moore v. Louisville & Nashville Railroad

Hall, Judge.

The plaintiff appeals from a summary judgment for the defendant and dismissal of the plaintiff’s petition. The petition alleged that the plaintiff was injured when the defendant’s train hit a truck he was driving at a grade crossing; that the defendant’s engineer was negligent in several particulars in operating the train; and that the defendant was negligent in failing to install an automatic signaling device at the crossing which was hazardous. The defendant filed a motion for summary judgment and, in the alternative, to dismiss the action as setting forth no cause of action…