Ex parte Norfolk Southern Railway Co. v. Norfolk Southern Railway Co.

700 So. 2d 1199 | Ala. | 1997

Lead Opinion

PER CURIAM.

The petition for the writ of certiorari is denied.

In denying the petition for the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Civil Appeals’ opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973).

WRIT DENIED.

ALMON, SHORES, KENNEDY, COOK, and BUTTS, JJ., concur. HOOPER, C.J., and MADDOX, HOUSTON, and SEE, JJ., dissent.

---

Dissenting Opinion

HOUSTON, Justice

(dissenting).

I dissent.

See Judge Crawley’s special writing concurring in part and dissenting in part, in Walker v. Norfolk, Southern Ry., 700 So.2d 1195, 1198-99 (Ala.Civ.App.1996).