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MILLS v. NORFOLK SOUTHERN RY. CO.

No. A99A2324, A99A2325.

526 S.E.2d 585 (1999)

242 Ga. App. 324

MILLS et al. v. NORFOLK SOUTHERN RAILWAY COMPANY. Norfolk Southern Railway Company v. Mills et al.

Court of Appeals of Georgia.

Reconsideration Denied February 11, 2000.

Attorney(s) appearing for the Case

Winburn, Lewis & Barrow, Gene Mac Winburn, John J. Barrow, Athens, Gambrell & Stolz, Irwin W. Stolz, Jr., Seaton D. Purdom, Atlanta, for appellants.

Nelson, Mullins, Riley & Scarborough, Richard B. North, Jr., Donald L. Swift III, Atlanta, for appellees.

ELDRIDGE, Judge.

This case comes on appeal after the trial court granted a new trial on special grounds to Norfolk Southern Railway Company1 on the train-vehicle collision that occurred when the automatic warning devices at the crossing failed to timely activate before the vehicle entered the crossing. The special ground for the grant stated that testimony as to prior notice of the gravity of danger from activation failures of automatic...

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