SHARP v. NORFOLK & WESTERN RY. CO.

No. 87-71.

36 Ohio St. 3d 172 (1988)

SHARP, ADMR., ET AL., APPELLANTS, v. NORFOLK & WESTERN RAILWAY COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided April 27, 1988.


Attorney(s) appearing for the Case

Murray & Murray Co., L.P.A., and W. Patrick Murray, for appellants.

Robison, Curphey & O'Connell and Jack Zouhary, for appellee.


SWEENEY, J.

The determinative issue posed in this appeal is whether the trial court was correct in sustaining defendant's motion for a judgment n.o.v. As part of our decision, we must also consider whether the trial court was correct in finding that the reasonable discernibility of the train at the crossing was obvious, based on the evidence submitted, so as to remove this question from the jury. For the reasons that follow, we reverse the court of appeals' judgment...

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