Newberry v. Central of Georgia Ry. Co.
District Court, M.D. Alabama
At Law. Action by M. J. Newberry against the Central of Georgia Railway Company. On motions by plaintiff to set aside verdict and for a new trial.
1Opinion of the Court
CLAYTON, District Judge.
This action was brought in the state court and was removed to this court on the ground of diverse citizenship. There were six counts in the original complaint, some asserting a common-law cause of action for negligence and the others a case under the Alabama Employers’ Liability Act (Code 1907, § 3910).
No facts were pleaded to show that the plaintiff, the employee of the railroad, was injured while engaged in interstate commerce, or that he was in the service of a railroad engaged in such commerce; on the contrary, the facts pleaded referred exclusively to the…
2Cases cited14 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Chapman v. BarneySupreme Court of the United States · 1889
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Thomsen v. CayserSupreme Court of the United States · 1917
- Kansas City Southern Railway Co. v. LeslieSupreme Court of the United States · 1915
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