No. 1970038. July 31, 1998. Rehearing Denied October 16, 1998. Appeal from Chilton Circuit Court, No. CV-95-45, Sibley G. Reynolds, J. William Dudley Motlow, Jr., Don L. Hall, and W. Perry Webb, for appellant. David L. McAlister, for appellee CSX Transportation, Inc. (Mr. McAlester signed CSX's brief as "Attorney for National Railroad Passenger Corporation") Timothy P. Donahue and John C. Webb V, for appellee Town of Thorsby. HOUSTON, Justice. The plaintiff Al Ridgeway, individually and as the personal