EX PARTE NORFOLK SOUTHERN RY. CO

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.

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).