Legal Opinion
Norfolk Southern Railway Co. v. Goldthwaite
Supreme Court of Alabama
Decided March 13, 2015No. 1131375PublishedCited by 3 opinions
1Opinion of the Court
STUART, Justice.
Norfolk Southern Railway Company (“Norfolk Southern”) petitioned this Court for permission to appeal, pursuant to Rule 5, Ala. R.App. P., the circuit court’s denial of its motion to dismiss an action against it. We granted permission to appeal, and we reverse the order denying the motion to dismiss and render a judgment for Norfolk Southern.
Facts and Procedural History
James H. Goldthwaite has lived to Birmingham in the house he currently lives in for approximately 45 years. The house is adjacent to or near property on which are actively used railroad tracks owned by Norfolk…
2Cases cited16 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- English v. General Electric Co.Supreme Court of the United States · 1990
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Nance by and Through Nance v. MatthewsSupreme Court of Alabama · 1993
- Friberg v. Kansas City Southern Railway Co.Court of Appeals for the Fifth Circuit · 2001
11 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Smith v. CSX Transportation, Inc.District Court, N.D. Illinois · 2017
- Bankhead v. Norfolk Southern Railway Company IncDistrict Court, N.D. Alabama · 2020
- Parks v. Ala. State Bd. of Pharmacy (Ex parte Ala. State Bd. of Pharmacy)Court of Civil Appeals of Alabama · 2017