Louisville & Nashville R. R. v. Blankenship
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. Robert C. Brickell. Action by Homer Blankenship, by his next friend, against the Louisville & Nashville Railroad Company, under the federal Employers’ Liability Act, for damages for injuries while engaged in its employment. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear.
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Appeal from Cullman Circuit Court. Heard before Hon. Robert C. Brickell. Action by Homer Blankenship, by his next friend, against the Louisville & Nashville Railroad Company, under the federal Employers’ Liability Act, for damages for injuries while engaged in its employment. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear. The following charges were refused to defendant: (A) Unless you believe from the evidence that both defendant and plaintiff were engaged in interstate commerce at the time the injury occurred, then your verdict should be for defendant. (B) Both…
1Opinion of the CourtThomas, J.
The' complaint originally contained seven counts. Plaintiff withdrew all but counts Nos. 6 and 7, which stated a cause of action under the federal Employers’ Liability Act. To each the defendant pleaded the general issue.
The gist of these counts is that the defendant was engaged in interstate commerce, and at the time of plaintiff’s injury was improving its main track, rendering it more safe or permanent by ditching and excavating along it, in Blount county, Ala.; that this work was done by means of a “ditching outfit,” which was mounted on a set of tracks on a flat car, and on which track a…
2Cases cited46 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
41 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mobile O. R. Co. v. WilliamsSupreme Court of Alabama · 1930
- Dowling-Martin Grocery Co. v. J. C. Lysle Milling Co.Supreme Court of Alabama · 1919
- Illinois Cent. R. Co. v. PoseySupreme Court of Alabama · 1924
- Garing v. BoyntonSupreme Court of Alabama · 1931
- Prink v. Longview, Portland & Northern Railway Co.Washington Supreme Court · 1929
4 more not listed; retrieve them via the Exa API.