Ziniti v. New England Central Railroad, Inc.

Facts

The collision occurred at a railroad grade crossing on Slaughterhouse Road in Northfield Falls, Vermont. Slaughterhouse Road is a Class IV town highway that begins at Route 12, crosses over a one-lane covered bridge, and then winds uphill over a railroad track before ending at a dead end. A single, mainline north-south train track intersects the road at the crossing. NECR owned the track and maintained a right of way extending approximately fifty feet in each direction from the centerline. At the time of the collision, a crossbuck sign was posted only on the left-hand side of the road from the perspective of approaching motorists. There was a rock outcropping on the right-hand side limiting visibility of the track.

On the day of the collision, plaintiff, a college student, was mapping out a new running route in his pickup truck. He drove over the covered bridge with his windows rolled up and music playing. As he approached the crossing, his truck was struck by an oncoming train. The train was approximately 15.5 feet tall, painted bright red, and its horn was sounding for eleven seconds prior to impact. The train was traveling at thirty-four miles per hour, and despite emergency braking, the crew was unable to stop before collision.