Legal Opinion

Helton v. Alabama Midland Railroad

Supreme Court of Alabama

Decided July 1, 1892PublishedCited by 38 opinions

Appeal from. Montgomery Circuit Court. Tried before Hon. John P. Hubbard. This action was brought by John R. Helton, against the Alabama Midland Railroad Company, and sought to recover damages for injuries sustained in the State of Georgia, by the alleged negligence of the defendant. The undisputed evidence showed the following facts : That defendant, is an Alabama corporation and owns a railroad extending from Montgomery, ■ Alabama, to Bainbridge, in the State of Georgia.

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Appeal from. Montgomery Circuit Court. Tried before Hon. John P. Hubbard. This action was brought by John R. Helton, against the Alabama Midland Railroad Company, and sought to recover damages for injuries sustained in the State of Georgia, by the alleged negligence of the defendant. The undisputed evidence showed the following facts : That defendant, is an Alabama corporation and owns a railroad extending from Montgomery, ■ Alabama, to Bainbridge, in the State of Georgia. That plaintiff was in the service of defendant as brakeman on one of its freight trains which left Montgomery, on 16th of…

1Opinion of the CourtHead, J.

— The objection that defendant is not suable, in the courts of this State, for the alleged tort, is not well taken. The defendant is a domestic, not a foreign corporation. The tort complained of is an injury to the plaintiff’s person committed by the defendant in the State of Georgia. The cause of action is transitory in its nature, and may be enforced in the courts of this State where the defendant corporation has its domicil, 'and Avhere jurisdiction of its person may be lawfully obtained. — Dennick v. R. R. Co., 103 U. S. 11, and cases there cited.

It is very clear, under the evidence, that…

2Cases cited3 opinions

  1. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  2. Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
  3. Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889

3Cited by38 opinions

  1. Bushnell v. BushnellSupreme Court of Connecticut · 1925
  2. Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
  3. Sampson v. ChannellCourt of Appeals for the First Circuit · 1940
  4. Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
  5. Antonen v. SwansonSouth Dakota Supreme Court · 1951

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