W.D.PA. — Moving Trains Are an Apparent Danger (Even to Children).

In the case of Nixon v. Norfolk Southern Corp, (PICS Case No. 07-1965), the plaintiff, a 12 year old boy, lost his foot when a train ran over it. The train ran over the foot because the boy (while holding onto the train) fell off of his bike. The defendant railroad moved for summary judgment arguing that the dangers of a moving train were apparent even to a 12 year old boy. The plaintiffs opposed on the attractive nuisance doctrine. The trial court sided with the defendants.