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MIXON v. SEABOARD SYSTEM R.R.

87-1261.

548 So.2d 1034 (1989)

Albert MIXON v. SEABOARD SYSTEM RAILROAD.

Supreme Court of Alabama.

July 28, 1989.

Attorney(s) appearing for the Case

Robert Eugene Ely, Montgomery, for appellant.

Craig A. Alexander and M. Beth O'Neill of Lange, Simpson, Robinson & Somerville, Birmingham, for appellee.

ADAMS, Justice.

The plaintiff, Albert Mixon, appeals from a judgment based on a verdict in his favor for $28,600. Mixon's claim arises out of an accident that occurred while Mixon was working on a railroad gang near Crestview, Florida. The following facts are relevant to a disposition of the case.

On September 9, 1985, Mixon was injured while working on a rail gang. An adzer,1 which was being lifted onto the rails by a crane, became...

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