Farrugia v. Philadelphia & Reading Railway Co.

Citations

• 233 U.S. 352
• 34 S. Ct. 591
• 58 L. Ed. 996
• 1914 U.S. LEXIS 1254

Syllabus

<p>The provision in § 238, Judicial Code, providing for a direct writ of error in any case in which the jurisdiction of the court is in issue, refers to cases in which the power of the court, as a Federal court, to hear and determine the cause is in controversy.</p> <p>Where that power is not in question, but only the sufficiency of the evidence to establish an element of the plaintiff’s asserted cause of action, § 238, Judicial Code, does not apply and the writ of error must be dismissed.</p> <p>A decision of the District Court of the United States granting a compulsory non-suit in an action brought under the Employers’ Liability Act because the evidence did not show that the plaintiff was engaged in interstate commerce, is subject to review in the Circuit Court of Appeals. A direct writ of error to this court under § 238, Judicial Code, will not lie as the jurisdiction of the court as a Federal court is not in issue.</p>