NORFOLK & W. RY. CO. v. BAILEY LBR. CO.

Record No. 781513.

272 S.E.2d 217 (1980)

NORFOLK AND WESTERN RAILWAY COMPANY v. BAILEY LUMBER COMPANY et al.

Supreme Court of Virginia.

November 26, 1980.


Attorney(s) appearing for the Case

Wade W. Massie, Abingdon (T. C. Bowen, Jr., Tazewell, G. R. C. Stuart, Penn, Stuart, Eskridge & Jones, Abingdon, on briefs), for appellant.

William R. Rakes, Roanoke (Harris Hart, II, Tazewell, William J. Creech, Jr., Roanoke, Gillespie, Gillespie & Hart, Tazewell, Gentry, Locke, Rakes & Moore, Roanoke, on brief), for appellees.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, POFF, COMPTON and THOMPSON, JJ.


COMPTON, Justice.

Res judicata is the focus of this appeal. Specifically, we consider whether, under the circumstances of this case, the doctrine of mutuality should be renounced as applied to a plea of collateral estoppel.

On July 9, 1976, in the Town of Tazewell, a locomotive of appellant Norfolk & Western Railway Company collided at a grade crossing with a loaded gasoline tanker motor vehicle of appellee Dayton Transport Corporation. The collision caused...

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