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WENNDT v. ALABAMA GREAT SOUTHERN RAILROAD CO.

SC 455.

292 So.2d 118 (1974)

Arlin H. WENNDT and Elaine G. Wenndt, jointly and severally v. ALABAMA GREAT SOUTHERN RAILROAD CO., a corp., and Southern Railway Co., a corp.

Supreme Court of Alabama.

Rehearing Denied April 4, 1974.

Attorney(s) appearing for the Case

Hardin, Stuart & Moncus, Birmingham, and Paden & Green, Bessemer, for appellants.

Stone, Patton & Kierce, Bessemer, for appellees.

FAULKNER, Justice.

Arlin H. Wenndt and Elaine G. Wenndt, the parents of Terry Wenndt, deceased, appeal from a judgment on a bill for declaratory judgment filed in the Circuit Court of Jefferson County, Bessemer Division.

The facts of the case are complex. On April 8, 1967, Terry Wenndt, a nine-year-old child, was struck and killed by a locomotive operated by the appellees (Southern). When struck, Terry was riding a bicycle. On April 19, 1967, Mrs. Wenndt filed...

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