Law School Case Brief
Ala. G. S. R.R. v. Carroll - 97 Ala. 126, 11 So. 803 (1893)
There can be no recovery in one state for injuries to the person sustained in another unless the infliction of the injuries is actionable under the law of the state in which they were received.
W. D. Carroll, a brakeman, was injured when a link between two of the freight train cars broke. Carroll was injured in Mississippi. It was the duty of railroad employees to inspect the links and remove defective links. Carroll brought suit against his employer, Alabama Great Southern Railroad Company (“railroad company”) under common law and under the Employer's Liability Act of Alabama. The trial court found for the brakeman.
Was the employer Alabama railroad company liable for damages due to a personal injury suffered by brakeman Carroll suffered in Mississippi during the course of his employment?
The court reversed that judgment on appeal and held that (1) at common law in Alabama and Mississippi, negligence of railroad employees in inspecting railroad cars could not be attributed to the company, and the company was consequently not liable for it, (2) there was no law in Mississippi that was similar to the Employer's Liability Act of Alabama, (3) there could be no recovery in Alabama for injuries to the person sustained in Mississippi unless the infliction of the injuries was actionable under Mississippi law, (4) negligence of duty unproductive of damnifying results would not authorize or support a recovery, (5) no injury resulted in Alabama, and (6) the action could only be brought under the laws of Mississippi, where the injury occurred, and the brakeman could not obtain relief under those laws.
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