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CSX TRANSP., INC. v. MATWELD, INC.

1001700 and 1001701.

828 So.2d 910 (2002)

CSX TRANSPORTATION, INC. v. MATWELD, INC. CSX Transportation, Inc. v. Matweld, Inc.

Supreme Court of Alabama.

March 1, 2002.

Attorney(s) appearing for the Case

Stephen A. Rowe and Charles T. Grimes of Lange, Simpson, Robinson & Somerville, L.L.P., Birmingham, for appellant.

Charles E. Vercelli, Jr., of Vercelli & Associates, P.C., Montgomery, for appellee.

SEE, Justice.

CSX Transportation, Inc. ("CSX"), is a railroad company that owns and maintains the track over which its trains run. CSX employees pack, or tamp, crushed stone under the tracks to keep the rails level. Tampers are used to pack the stone. A tamper is a hydraulic machine that operates much like a jackhammer, with two opposing handles at the top and an opening at the bottom into which is fitted a tool bit that is about 18 inches long with a spade-shaped...

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