Legal Opinion

Atlantic Coast Line Ry. Co. v. Jones

Alabama Court of Appeals

Decided November 11, 1913PublishedCited by 8 opinions

Appeal from Montgomery Circuit Court. - Heard before Hon. W. W. Pearson. Action by Will Jones against tbe Atlantic Coast Line Bail way, for injuries 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 Will Jones against tbe Atlantic Coast Line Bail way, for injuries while in its employment. Judgment for plaintiff, and defendant appeals. Count 2, after alleging tbe business in wbicb defendant was engaged and tbe relation existing between plaintiff and defendant, and that while engaged in tbe discharge of bis duties in tbe business of defendant, be suffered certain injuries wbicb are alleged, avers that plaintiff was caused to be thrown from an engine as aforesaid by reason of and as a proximate consequence of…

1Opinion of the Court

PELHAM, J. —

The appellant prosecuting this appeal was the defendant in the court below. The only counts in the plaintiff’s complaint not eliminated in the process of pleading, or by charges of the court, are counts 2, 3%, and 7, and it Avill not be necessary to consider rulings on other counts shown by the record. Counts 2' and 31/2 are drawn under and base a right of action on the state Employers’ Liability Act. — Code, § 3910. Count 7 is drafted by the pleader to seek a recovery under the act of Congress knoAvn as the federal Employers’ Liability Act.

The point made, and so strenuously…

2Cases cited48 opinions

  1. Second Employers'liability CasesSupreme Court of the United States · 1912
  2. Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
  3. Crenshaw v. ArkansasSupreme Court of the United States · 1913
  4. Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
  5. Zikos v. Oregon R. & Navigation Co.U.S. Circuit Court for the District of Eastern Washington · 1910

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3Cited by8 opinions

  1. Alabama Great Southern R. Co. v. BaumSupreme Court of Alabama · 1947
  2. Southern Railway Co. v. PetersSupreme Court of Alabama · 1915
  3. Western Railway v. MaysSupreme Court of Alabama · 1916
  4. American Bonding Co. v. New York & Mexican Whiting Co.Alabama Court of Appeals · 1914
  5. Prude v. Thompson ThompsonSupreme Court of Alabama · 1918

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