Confirm favorite deletion?
Torts keyed to Best
Wright v. Norfolk and Western Railway Co.
Citation:427 S.E.2d 724 (Va. 1993).
At a railway crossing, one marked by crossbucks (signal boards) and a yellow sign with an “RR” marking it, Plaintiff was driving a long dump truck in the course of his employment. He was generally familiar with the area, living less than a mile from the crossing, and was also an experienced dump truck operator. The seventeen-car train was traveling approximately 34 MPH, but slowed as it moved toward the crossing.
A vehicle traveling in front of Plaintiff crossed the track safely. Plaintiff attempted to do the same, but pulled directly in front of the moving train (traveling at some 5 MPH at the time of impact). The collision destroyed the vehicle and resulted in serious injuries for the Plaintiff. Expert testimony concluded the track was reasonably safe, and the operator of the train at the time of the accident testified he had “no time to do anything.”
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:Identifies the topic of law and where this case fits within your course outline.
Parties:Identifies the cast of characters involved in the case.
Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:A Synopsis of the Facts of the case.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.