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BARNETT v. NORFOLK SOUTHERN RY. CO.

2940552.

671 So.2d 718 (1995)

Mae BARNETT v. NORFOLK SOUTHERN RAILWAY COMPANY and J.K. Killingsworth.

Court of Civil Appeals of Alabama.

Rehearing Denied December 1, 1995.

Attorney(s) appearing for the Case

Lelia H. Watson of Cory, Watson, Crowder, & Petway, P.C., Birmingham, for Appellant.

Crawford S. McGivaren, Jr. and Steve A. Tucker of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, and Robert C. Dillon of Merrill, Porch, Dillon & Fite, P.A., Anniston, for Appellees.

MONROE, Judge.

Mae Barnett appeals from a summary judgment in favor of Norfolk Southern Railway Company and train engineer J.K. Killingsworth. Barnett appealed to the Alabama Supreme Court, which deflected it to this court pursuant to § 12-2-7(6), Ala.Code 1975.

The accident giving rise to this action occurred in Calhoun County at about 1:35 p.m. on December 6, 1992, at the intersection of Milligan Street and Norfolk Southern's mainline track from Birmingham...

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