Kansas City Southern Railway Co. v. Leslie

Citations

• 238 U.S. 599
• 35 S. Ct. 844
• 59 L. Ed. 1478
• 1915 U.S. LEXIS 1588

Syllabus

<p>Under the Employers’ Liability Act as amended in 1910 and § 28,, Judicial Code, a cause brought in a state court of competent jurisdiction under the Employers’ Liability Act cannot be removed to a Federal court upon the sole ground of diversity of citizenship.</p> <p>Under the Employers’ Liability Act as amended in 1910 there can be a recovery for pecuniary loss to the widow and children of decedent and also for .conscious pain and suffering endured by decedent in the period, even though brief, — in this ease about two hours — between injury and death. St. Louis, Iron Min. & Southern Ry.' v. Craft, 237 U. S. 648.</p> <p>Even though the declaration may set up distinct and independent liabilities springing from one wrong — as for the suffering endured before death and the death itself — in an action under the Employers’ •Liability Act,' in the state court the jury need not, if it is in accord with local practice, specify the different amounts awarded for the suffering before death and the death itself.</p> <p>Under the Employers’ Liability Act the recovery of pecuniary damages by the personal representative of the deceased is in trust for the beneficiaries designated by the act and must be based upon their actual pecuniary loss.</p> <p>112 Arkansas, 305, reversed.</p>