DIXIE HIGHWAY EXPRESS, INC. v. SOUTHERN RAILWAY CO.

6 Div. 759.

244 So.2d 591 (1971)

DIXIE HIGHWAY EXPRESS, INC., Jack Cole Company and Howard H. Baskin v. SOUTHERN RAILWAY COMPANY, a Corporation.

Supreme Court of Alabama.

Rehearing Denied February 25, 1971.


Attorney(s) appearing for the Case

Huie, Fernambucq & Stewart, Birmingham, for appellants.

Cabaniss, Johnston, Gardner & Clark, and Drayton Nabers, Jr., Birmingham, for appellee.


HARWOOD, Justice.

When a trailer truck was observed partially blocking the railroad track at a crossing in York, Alabama, the engineer applied the emergency brakes. As a result of this drastic slowing of the train, several freight cars were derailed. The Southern Railroad filed suit for damages against the two trucking companies, and their employee, Baskin, the driver of the truck.

A verdict was returned in favor...

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