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COE v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY

6 Div. 588.

130 So.2d 32 (1961)

Lena Birchfield COE v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY et al.

Supreme Court of Alabama.

May 11, 1961.

Attorney(s) appearing for the Case

J. Terry Huffstutler, Birmingham, for appellant.

Lange, Simpson, Robinson & Somerville, White E. Gibson, Jr., and Roy W. Scholl, Jr., Birmingham, for appellees.

LAWSON, Justice.

This is an action under the homicide statute (§ 123, Title 7, Code 1940) by Lena Birchfield Coe against Louisville and Nashville Railroad Company, a corporation, Elijah Oaks and Charles E. Wallace.

The death of plaintiff's intestate occurred at about 2:45 a. m. on the 6th day of March, 1956, when he drove his automobile into the side of a freight car, a part of a freight train, while the train was slowly moving over a crossing at Dartmouth...

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