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TAYLOR v. MISSISSIPPIAN RY., INC.

No. 2001-CA-01518-SCT.

826 So.2d 742 (2002)

Linda TAYLOR, Individually, and as Personal Representative of John Jason Gable, Deceased v. MISSISSIPPIAN RAILWAY, INC.

Supreme Court of Mississippi.

September 19, 2002.

Attorney(s) appearing for the Case

Roy Joseph Farrell, Tupelo, attorney for appellant.

J. Douglas Ford, Columbus, attorney for appellee.

Before SMITH, P.J., COBB and DIAZ, JJ.

DIAZ, J., for the Court.

¶ 1. On April 9, 1998, John Jason Gable was riding his Yamaha four-wheel all-terrain vehicle (ATV) between the rails of a railroad track owned by the Mississippian Railway, Inc. (Mississippian) when he hit a pile of rocks and lost control of his ATV. Gable died as a result of the accident. Linda Taylor, Gable's mother, filed this wrongful death action against the Mississippian contending that...

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