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EVANS TIMBER CO. v. CENTRAL OF GA. R. CO.

No. A99A0174.

519 S.E.2d 706 (1999)

239 Ga. App. 262

EVANS TIMBER COMPANY, INC. v. CENTRAL OF GEORGIA RAILROAD COMPANY.

Court of Appeals of Georgia.

Reconsideration Denied July 22, 1999.

Attorney(s) appearing for the Case

Jones, Cork & Miller, Carr G. Dodson, Thomas W. Joyce, Macon, for appellant.

Hall, Bloch, Garland & Meyer, John S. Stewart, Macon, for appellee.

Cathey & Strain, Dennis T. Cathey, James E. Staples, Jr., Cornelia, Blackwood, Matthews & Steel, John D. Steel, John B. Briggs, Lamar, Archer & Cofrin, Robert C. Lamar, David W. Davenport, Casey, Gilson & Williams, Matthew D. Williams, Glenn C. Tornillo, James F. Grubiak, Atlanta, amici curiae.

BLACKBURN, Presiding Judge.

Evans Timber Company, Inc. (Evans Timber) appeals the trial court's grant of directed verdict to Central of Georgia Railroad Company (Central) on its cross-claim. The trial court found that the Georgia Code of Public Transportation (GCPT), enacted in 1973, preempted the railroad's common-law duty with regard to the installation of protective devices at grade crossings on public roads. Evans Timber also contends the trial court erred in...

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