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FLETCHER v. ILLINOIS CENT. GULF R. CO.

679 S.W.2d 240 (1984)

Donald L. FLETCHER, Appellant, v. ILLINOIS CENTRAL GULF RAILROAD COMPANY, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied May 24, 1984.

Attorney(s) appearing for the Case

Kent Overton Sublett, Bardstown, for appellant.

James G. Apple, Rebecca F. Schupbach, Louisville, for appellee.

Before GUDGEL, HOWERTON and WILHOIT, JJ.

GUDGEL, Judge:

The issue in this appeal is whether the rule adopted in Buren v. Midwest Industries, Inc., Ky., 380 S.W.2d 96 (1964), known as the "fireman's rule," applies to and bars a negligence action filed by a state trooper against a railroad in connection with a train derailment. The court below adjudged that it did and granted the railroad's motion for summary judgment. A review of the relevant authorities convinces...

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