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SOUTHERN RY. CO. v. ROBERTS

78-354.

380 So.2d 774 (1979)

SOUTHERN RAILWAY COMPANY, a Corp. v. John H. ROBERTS et al.

Supreme Court of Alabama.

Rehearing Denied February 29, 1980.

Attorney(s) appearing for the Case

Charles E. Sharp and W. J. Sullivan, Jr., of Sadler, Sadler, Sullivan, Sharp & Stutts, Birmingham, for appellant.

Frank O. Burge, Jr., Birmingham, for appellee John H. Roberts.

J. Ross Forman, III, Birmingham, for appellee United States Steel Corp.

SHORES, Justice.

This is an FELA case. Plaintiff/appellee John H. Roberts, an engineer for Southern Railway Company, was injured on February 23, 1975, when the train he was operating derailed near Old Fort, North Carolina. The track slopes downhill at that point and curves sharply. It was super-elevated to a height of one inch. A seven-foot section of broken rail was found at the site of the accident. Whether the rail was cause or effect of the accident was an issue...

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