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FORTNER v. TOWN OF REGISTER

Nos. S03G1782, S03G1788.

604 S.E.2d 175 (2004)

278 Ga. 625

FORTNER et al. v. TOWN OF REGISTER. Fortner et al. v. Ogeechee Railway.

Supreme Court of Georgia.

Reconsideration Denied November 11, 2004.

Attorney(s) appearing for the Case

Mark F. Dehler, Michael E. Perez, Decatur, Smith & Jenkins, Wilson R. Smith, Robert L. Jenkins, for Fortner et al.

Brennan, Harris & Rominger, G. Mason White, James D. Kreyenbuhl, Casey Gilson Leibel, Matthew D. Williams, Robert S. McEvoy, for Town of Register and Ogeechee Railway.

Alexander T. Stubbs, John M. Hyatt, Hall & Bloch, Garland & Meyer, J. Steven Stewart, F. Kennedy Hall, Decatur, amici curiae.

CARLEY, Justice.

Leon Fortner was killed when a train operated by Ogeechee Railway collided with his tractor-trailer at a railroad crossing in the Town of Register. His widow, Sheila Fortner, brought suit individually, as administratrix of his estate, and as guardian of their minor child, against the Railway and the Town (Appellees), alleging, among other claims, that they failed to keep the railroad right-of-way free of...

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