WAYNE – An Ohio man alleges a structure was destroyed in a fire because firefighters could not access the property because a railroad crossing had been removed.

Hershall Parsley filed a complaint Oct. 10 in Wayne Circuit Court against Norfolk and Western Railway Co. alleging negligence in maintaining a crossing.

According to the complaint, the plaintiff alleges that in 1916, the defendant and the previous owner of the plaintiff's property signed an agreement to maintain a crossing on the property. The suit states a fire occurred at the property on Dec. 24, 2011, and that the Crum Fire Department could not access the property because the crossing had been removed. The suit states a structure was destroyed as a result.

The plaintiff holds Norfolk and Western Railway Co. responsible because the defendant allegedly breached its duty by allowing the crossing to be removed and for not maintaining it.

The plaintiff requests a trial by jury and seeks damages in excess of the jurisdictional limits of the court, pre- and post-judgment interest, costs and all issues triable by jury. He is represented by Donald R. Jarrell of Law Offices of Donald R. Jarrell in Wayne. The case has been assigned to Circuit Judge James H. Young Jr.

Wayne Circuit Court case number 17-C-145

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