ALABAMA GREAT SO. R. CO. v. LOUISVILLE & NASHVILLE R. CO.

Civ. No. 6957.

127 F.Supp. 363 (1955)

The ALABAMA GREAT SOUTHERN RAILROAD COMPANY, a Corporation, Plaintiff, v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY, a Corporation, Defendant.

United States District Court, N. D. Alabama, S. D.

January 3, 1955.


Attorney(s) appearing for the Case

Jos. F. Johnston and Leigh M. Clark, Cabaniss & Johnston, Birmingham, Ala., Sidney S. Alderman and Henry L. Walker, Washington, D. C., for plaintiff.

R. E. Steiner, Jr., Montgomery, Ala., Chas. H. Eyster, Decatur, Ala., White E. Gibson, Birmingham, Ala., and J. H. McChord, Louisville, Ky., for defendant.


LYNNE, Chief Judge.

On November 25, 1951, defendant's railroad train, the Crescent, normally running between Montgomery and New Orleans over its own rails, was proceeding southbound at Woodstock, Alabama, over the plaintiff's tracks, due to a detour caused by a damaged trestle on defendant's line. The detour was made under an arrangement ruled by a written Detour Agreement between the parties. Such train was being operated by plaintiff's employees, and defendant had...

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