Seaboard Air Line Railway v. Duvall

Citations

• 225 U.S. 477
• 32 S. Ct. 790
• 56 L. Ed. 1171
• 1912 U.S. LEXIS 2099

Syllabus

<p>To give this court jurisdiction under § 709, Rev. Stat., it must appear upon the record, and not by certificate of the judge, that a right under the Constitution 'or laws of the United' States was set up and denied. While such a certifipate may make more certain the fact that the Federal right was asserted and denied, it is insufficient to' confer jurisdiction if the record itself does not. show the fact. Louisville & Nashville R. R. v. Smith, 204 U. S. 551.</p> <p>The fact that a case in the state court asserts a claim based on a Federal statute, does not give this court jurisdiction to review the judgment' under § 709,- Rev. Stat., if' none of the exceptions are based on the' refusal of the court to make a definite construction of the act as .re? quested by the plaintiff in error.</p> <p>Where the case comes up under § 709, Rev. Stat._, this court is not one of general review. It can reexamine only those rulings which, denied Federal rights specially set up.</p> <p>It is the duty of. counsel asking in the state court for a particular construction of a-Federal statute involved in the casé to put the request in such definite terms that the record wilt show that it was a claim of Federal right specially set up as required by § 709 in order to give tills court jurisdiction.</p> <p>The trial court is not under obligation to give special charges based'on •' only a part of the evidence;</p> <p>Where the only'defense tc an action for personal injuries by an em-ployé of an interstate railway carrier is contributory negligence on the part of- the plaintiff 'in going into a car in violation of a rule requiring him to remain in another- car, no construction of the provision of the Employers’ Liability Act that the employé can only recover if injured while employed by the carrier is involved1 which-is reviewable by this, court, unless the. request is definitely set up as a Federal right specially asserted and denied.</p> <p>Excepting to a part of the charge by saying that a