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Torts keyed to Best
Wright v. Norfolk and Western Railway Co.
Citation:
427 S.E.2d 724 (Va. 1993).Facts
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.”
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