Louisville & Nashville Railroad v. Harris Transfer Co.

300 So.2d 378 (1974)

LOUISVILLE & NASHVILLE RAILROAD COMPANY, a corp.

v.

HARRIS TRANSFER COMPANY, a corp.

SC 312.

Supreme Court of Alabama.

September 12, 1974.

Lawrence B. Clark, Birmingham, for appellant.

William C. Wood, Jr., Birmingham, for appellee.

BLOODWORTH, Justice.

The facts and issues raised on this appeal are well stated in the dissenting opinion to which we refer the reader for an understanding thereof.

At the outset it should be noted that those who concur in the majority opinion agree with the dissenting opinion to the extent that we hold that all the assignments of error are related and…