Delaware, Lackawanna & Western Railroad v. Yurkonis

Citations

• 238 U.S. 439
• 35 S. Ct. 902
• 59 L. Ed. 1397
• 1915 U.S. LEXIS 1576

Syllabus

<p>Plaintiff sued railroad company for personal injuries in the state court and defendant removed the case to the Federal court on ground of diverse citizenship; more than two years after the cause of action arose plaintiff amended his complaint setting up that he was engaged in mining coal .to be sent out of. the State and that he could recover under the Federal Employers’ Liability Act; on the trial defendant moved to dismiss on .the ground that under that act the two year statute-applied and plaintiff thereupon moved to amend by striking out allegations as to interstate commerce which the court denied and the ease was submitted to the jury on the issues joined under the common law and the state statute. There was a verdict for the plaintiff, and the judgment was affirmed by the Circuit Court of Appeals. On writ of error from this court to review the judgment held that:</p> <p>In order for this court to review the judgment of the- Circuit Court of Appeals, jurisdiction in the District Court must have rested, not on diverse citizenship aloné, but must also in part have arisen because of averments in the complaint showing a causé of action under the Constitution or laws of the United States involve ing a substantial controversy.</p> <p>In the absence of such averments in the complaint the judgment o£ the' Circuit Court of Appeals is final.</p> <p>The fact that coal may be used in interstate commerce after being, mined and transported does not make an injury sustained by the.miner an injury sustained while engaged in interstate commerce, or create a cause of action under the Federal Employers’ Liability Act.</p> <p>Where this court cannot review the judgment of the Circuit Court of Appeals because the jurisdiction of the Federal court rests on diverse citizenship alone, it cannot pass on other questions, such as whether the plaintiff had not prior to commencement of the action removed to, and become a citizen of, defendant’s State.</p> <p>Writ of terror to review 220