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LOUISVILLE & NASHVILLE RAILROAD CO. v. YATES

2 Div. 351.

81 So.2d 623 (1955)

LOUISVILLE & NASHVILLE RAILROAD CO. v. Henry J. YATES.

Supreme Court of Alabama.

June 30, 1955.

Attorney(s) appearing for the Case

Pettus, Fuller, Reeves & Stewart, Selma, and Steiner, Crum & Baker, Montgomery, for petitioner.

Theodore L. Wade, Selma, opposed.

LIVINGSTON, Chief Justice.

The petition for certiorari to the Court of Appeals in the instant case is based on two grounds: First, that the Court of Appeals erred in the following statement of law involved in this case:

"A railroad company injuring stock by the running of its train in the nighttime at such rapid rate of speed that it is impossible, by the use of ordinary means and appliances, to stop the train and prevent the injury, within the distance in...

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