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BEAM v. SEABOARD SYSTEM R.R., INC.

87-580, 87-833.

536 So.2d 927 (1988)

Richard Talmadge BEAM v. SEABOARD SYSTEM RAILROAD, INC. Richard Talmadge BEAM v. Sammy E. CHESTNUT.

Supreme Court of Alabama.

Rehearing Denied December 30, 1988.

Attorney(s) appearing for the Case

R. Bradford Wash of Emond & Vines, Birmingham, for appellant.

Henry E. Simpson and Morris Wade Richardson of Lange, Simpson, Robinson & Somerville, Birmingham, for appellees.

Rehearing Denied in 87-580, December 30, 1988.

BEATTY, Justice.

These consolidated appeals concern an action for damages based on injuries suffered by the plaintiff, Richard Talmadge Beam, when he was run over by a train. Beam appeals from a summary judgment entered in favor of the defendants, Seaboard System Railroad, Inc. ("Seaboard System"), and its engineer, Sammy Chestnut. We reverse.

Shortly after one o'clock on the morning of July 29, 1983,...

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