District Court, S.D. West Virginia October 16, 1972, Civ. A. No. 2888 (Morris v. Baltimore & Ohio Railroad)

CHRISTIE, Chief Judge:

In this diversity action, involving a railroad crossing collision, the defendant, Foote Mineral Company, moves the Court to enter summary judgment in its favor, pursuant to the provisions of Rule 56 of the Federal Rules of Civil Procedure, asserting that there are no genuine issues of any material fact concerning its liability and that, based upon such undisputed facts, it