Thank You For Submiting Feedback!
The place of bringing suit under Ala. Code § 3910 (1907) is not part of the cause of action, -- the right and the remedy are not so inseparably united as to make the right dependent upon its being enforced in a particular tribunal. The cause of action is transitory and like any other transitory action can be enforced in any court of competent jurisdiction within the state of Alabama.
Plaintiff Wiley George was an engineer employed by defendant at a steel plant. While he was under a locomotive repairing the brakes, a defective throttle caused the engine to move forward automatically, seriously injuring plaintiff. Plaintiff brought suit in a city court in Georgia under Ala. Code § 3910 (1907). Defendant filed a plea in abatement arguing that Ala. Code § 6115 required the action to be brought in Alabama and not elsewhere. The trial court sustained a demurrer to the plea in abatement and entered judgment in favor of plaintiff. The court of appeals affirmed. Defendant employer appealed the order of the court of appeals of the State of Georgia affirming a judgment in favor of plaintiff employee in an action under Ala. Code § 3910 (1907).
Did the court of appeals of the State of Georgia erred in affirming the judgment in favor of plaintiff in an action under Alabama Code?
The court affirmed. The court held that the action was a transitory action and could be brought in another state even though the statute creating it provided that it must be brought in Alabama.