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PARVIN v. CLINCHFIELD R. CO.

No. 78-1272.

623 F.2d 21 (1980)

Raymond PARVIN, Plaintiff-Appellant, v. CLINCHFIELD RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 17, 1980.

Attorney(s) appearing for the Case

J. D. Lee Law Offices, Knoxville, Tenn., for plaintiff-appellant.

J. W. Baker, Poore, Cox, Baker, McAuley, Ray & Byrne, Knoxville, Tenn., for defendant-appellee.

Before LIVELY, MERRITT and KENNEDY, Circuit Judges.

MERRITT, Circuit Judge.

In this diversity case, plaintiff appeals from a directed verdict entered by the District Court in favor of the defendant, Clinchfield Railroad Company. Plaintiff was injured while driving his automobile across a railroad crossing. The District Court concluded that plaintiff's failure to see the train coming before the collision constituted contributory negligence under Virginia law barring recovery. We reverse and remand for trial.

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