HUNTINGTON – A man is suing Norfolk & Western Railway Company after he claims it breached its contract with him by failing to maintain a crossing to his property.

On June 3, 1991, Mary Parsley and William Parsley purchased property that was previously owned by C.F. Harris, according to a complaint filed Oct. 10 in Wayne Circuit Court and removed to federal court on Nov. 15.

The property had a crossing to the property that was to be maintained by Norfolk, as per an agreement between Harris and Norkfolk in 1916.

Hershall Parsley claims when his father died in 2012, he became the owner of the property.

The defendant had a duty to maintain the crossing per the agreement and breached that duty when it allowed the crossing to be removed and not maintained, according to the suit.

Hershall Parsley claims the breach if this duty caused the fire department to be unable to access a fire on the property, which resulted in a structure being destroyed.

The defendant should immediately replace the crossing and forever maintain it as per their agreement, as well as provide Hershall Parsley the funds to replace the structure that stood on the property, according to the suit.

Hershall Parsley is seeking compensatory damages. He is being represented by Donald R. Jarrell of the Law Offices of Donald R. Jarrell.

U.S. District Court for the Southern District of West Virginia case number: 3:17-cv-04322

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