BURLINGTON NORTHERN R. CO. v. WARREN

89-682.

574 So.2d 758 (1990)

BURLINGTON NORTHERN RAILROAD COMPANY v. Nettie Faye Duckworth WARREN, as administratrix of the estate of James B. Duckworth, deceased, et al.

Supreme Court of Alabama.

Rehearing Denied February 8, 1991.


Attorney(s) appearing for the Case

L. Vastine Stabler, Jr., and Samuel C. Campisi of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for appellant.

Frank O. Burge, Jr. of Burge & Wettermark, Birmingham, and Wilson & King, Jasper, for appellee.


HORNSBY, Chief Justice.

James Duckworth was employed by the St. Louis-San Francisco Railway Company, predecessor to the defendant, Burlington Northern Railroad Company (hereinafter "Burlington"), as an assistant in the right-of-way maintenance department. On December 21, 1978, he was working near Plantersville, Mississippi, as part of a crew of three men who were operating a motorized brush cutter. The brush cutter ran along the railroad track cutting the grass and...

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