BALLENGER v. LOUISVILLE AND NASHVILLE RAILROAD CO.

5 Div. 791.

169 So.2d 303 (1964)

Evelyn BALLENGER v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY.

Supreme Court of Alabama.

November 19, 1964.


Attorney(s) appearing for the Case

Walter C. Hayden, Jr., Clanton, for appellant.

Morgan Reynolds and Reynolds & Reynolds, Clanton, for appellee.


PER CURIAM.

It appears from the pleadings and the evidence that respondent's freight train, on September 30, 1962, was derailed and wrecked in Chilton County, near Verbena, at a point on the track which adjoined complainant's twenty-five acres of land.

Respondent, acting under emergency, entered upon complainant's land without first having obtained authority—complainant at the time not being available there due to the fact that she resided in Anniston...

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