Atlantic Coast Line Railroad Company v. Dunivant

LAWSON, Justice.

A. M. Dunivant brought suit in the circuit court of Jefferson County against Atlantic Coast Line Railroad Company to recover damages for personal injuries alleged to have been sustained by him while he was in the employ of the defendant as a freight train conductor and while engaged in the line of duty handling interstate commerce.

The original complaint consisted of four counts. Count 1 sought to charge liability on averments that the condition of the locomotive or appurtenances thereto violated the Boiler Inspection Act, 45 U.S.C.A. § 23. In Counts 2 and 3 plaintiff based his…