474 So.2d 640, 641 (Ala.1985). This Court does not consider whether the plaintiff will ultimately prevail, but only whether the plaintiff may possibly prevail. Nance, 622 So.2d at 299. A “dismissal is proper only when it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim that would entitle the plaintiff to relief.” Nance, 622 So.2d at 299; Garrett v. Hadden, 495 So.2d 616, 617 (Ala.1986); Hill v. Kraft, Inc., 496 So.2d 768, 769 (Ala.1986).’ “Lyons v. River Road Constr., Inc., 858 So.2d 257, 260 (Ala.2003).” BT Sec. Corp. v. W.R. Huff Asset Mgmt. Co., 891 So.2d 310, 312-13 (Ala.2004). Discussion Norfolk Southern contends that the circuit court erred in denying its motion to dismiss because, it says, Goldthwaite’ 3, 500-01 (S.D.Miss.2001)(<HOLDING>); and South Dakota R.R. Auth. v. Burlington N.
holding that the iccta preempted statelaw nuisance claim with regard to railway traffic holding that the iccta preempted statelaw negligence and nuisance claims intended to interfere with railroads operation of switchyard holding that the iccta preempted statelaw nuisance claim with respect to operation of side track holding that the iccta preempted claims of negligence and negligence per se with respect to railroads alleged road blockages holding that the iccta preempted statelaw tortiousinterference claim