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LOUISVILLE AND NASHVILLE RAILROAD CO. v. MARTIN

7 Div. 31.

255 So.2d 42 (1971)

LOUISVILLE AND NASHVILLE RAILROAD COMPANY, a Corporation v. Roy MARTIN.

Court of Civil Appeals of Alabama.

November 24, 1971.

Attorney(s) appearing for the Case

Lange, Simpson, Robinson & Somerville, and Lyman H. Harris, Birmingham, Wallace & Ellis, Columbiana, for appellant.

Karl C. Harrison, Hewitt L. Conwill, Columbiana, for appellee.

THAGARD, Presiding Judge.

On the afternoon of October 26, 1968, appellant railroad, while operating a train from Montgomery to Birmingham, allegedly hit and killed seven cows belonging to appellee Roy Martin. The testimony in the trial court revealed that the train was traveling from Montgomery to Birmingham and before leaving Montgomery the train had successfully passed a federal brake inspection. According to Mr. C. S. Hawkins, the locomotive engineer, he first...

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