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ROGERS v. NORFOLK SOUTHERN CORP.

No. 25720.

356 S.C. 85 (2003)

588 S.E.2d 87

John David ROGERS, Petitioner, v. NORFOLK SOUTHERN CORPORATION, Norfolk Southern Railway Company, Respondent.

Supreme Court of South Carolina.

Decided September 22, 2003.

Rehearing Denied November 6, 2003.

Attorney(s) appearing for the Case

Deborah Alley Smith, of Christian & Small, LLP, William Cox Tucker, Jr., of Lucas, Alvis & Wash, PC, both of Birmingham, AL; and Robert A. McKenzie, of McDonald, McKenzie, Rubin, Miller & Lybrand, of Columbia, for Petitioner.

Henry Dargan McMaster and John Gregg McMaster, both of Tompkins & McMaster, of Columbia, for Respondent.

Justice PLEICONES:

We granted certiorari to review the Court of Appeals' decision in Rogers v. Norfolk Southern Corp., 343 S.C. 52, 538 S.E.2d 664 (Ct.App.2000). We affirm as modified.

FACTS1

Norfolk Southern Corporation ("Norfolk Southern"), under contract with U.S. Silica ("Silica"), transports Silica's product over spur tracks owned by...

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