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Conflict of Laws Keyed to Hay, 16th Ed.
Alabama Great Southern R.R. Co. v. Carroll
Citation:
97 Ala. 126, 11 So. 803 (1892)Facts
Plaintiff W.D. Carroll was a citizen of Alabama employed by the Alabama Great Southern Railroad Company, an Alabama corporation, as a brakeman on freight trains running from Birmingham, Alabama to Meridian, Mississippi under a contract made in Alabama. While the train was proceeding from Birmingham to Meridian, Carroll was injured in Mississippi when a defective link between two cars broke. Evidence showed the link was defective when it came to defendant’s road at Chattanooga, Tennessee, attached to a foreign car, and remained defective throughout its journey through Alabama into Mississippi. The defect consisted of the link having been bent while cold, which weakened the iron and caused a crack. Defendant’s employees stationed at various points in Alabama and the train crew had a duty to inspect links and remove defective ones, and evidence suggested negligent failure to discover and replace this defective link. Under Mississippi common law, which applied the fellow-servant rule, no liability attached to the employer for injuries caused by negligence of fellow servants in inspection duties. Alabama’s Employer’s Liability Act (Section 2590) would have imposed liability under these circumstances.
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