Western Railway v. Mays
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by Tom Mays against the Western Railway of Alabama, for injuries received while in its employment. Judgment for plaintiff and defendant appeals.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by Tom Mays against the Western Railway of Alabama, for injuries received while in its employment. Judgment for plaintiff and defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Act of April 18,1911. The fifth count states the relation as that of employer and employee, that the train on which plaintiff was an employee was engaged in interstate commerce between the states of Alabama and Georgia, and that, while engaged in its employment in such commerce, and while removing, or assisting to…
1Opinion of the CourtThomas, J.
This action is by Tom Mays, appellee, against the Western Bailway of Alabama, appellant, for personal injuries sustained by plaintiff, as a brakeman of the defendant, while unloading a barrel of oil from one of defendant’s cars. The case was submitted on counts 5 and 7, which counts are sufficient under the Federal Employer’s Liability Act. The allegation of negligence in count 5, following the recital of the circumstances of the injury complained of, was that: “One Williamson, an officer, agent or employee of said defendant, while acting within the line or scope of his employment * * *…
2Cases cited23 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- New York Central & Hudson River Railroad v. CarrSupreme Court of the United States · 1915
- McCall v. CaliforniaSupreme Court of the United States · 1890
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
18 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Jackson v. VaughnSupreme Court of Alabama · 1920
- American Ry. Express Co. v. ReidSupreme Court of Alabama · 1927
- Weston v. National Manufacturers & Stores Corp.Supreme Court of Alabama · 1950
- Stull v. Daniel MacH. Co.Supreme Court of Alabama · 1922
13 more not listed; retrieve them via the Exa API.