Harris v. Illinois Central Railroad Co., 15148.
| Decision Date | 06 April 1955 |
| Docket Number | No. 15148.,15148. |
| Citation | 220 F.2d 734 |
| Parties | Gatha Banks HARRIS, etc., Appellant, v. ILLINOIS CENTRAL RAILROAD CO. et al., Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
H. Alva Brumfield, Fred G. Benton, Sr., Baton Rouge, for complainant-appellant.
H. Payne Breazeale, Sr., Wilson B. Holcombe, Calvin E. Hardin, Jr., A. M. Curtis, Baton Rouge, La., for appellees.
Powell A. Casey, John M. Carville, Baton Rouge, La., for Esso Standard Oil Co.
Durrett & Hardin, Baton Rouge, La., for American Employers Ins. Co.
Breazeale, Sachse & Wilson, Bator, Rouge, La., for Illinois Cent. R. Co.
Before HOLMES and RIVES, Circuit Judges, and WRIGHT, District Judge.
This action is for the wrongful death of the deceased, who was killed by a train that passed over his body, while he was lying prostrate between the rails and in a manifestly helpless condition, in the Parish of East Baton Rouge, Louisiana. The complaint as originally filed was for damages resulting to the widow of the deceased and two named children born of the marriage. The plaintiff sued for damages in the sum of $50,000 for herself and the two children; but, at the beginning of the trial, she attempted to dismiss as to all demands except for support of the children. With that request denied, all demands except for support of the children were abandoned by declaration of the plaintiff's attorney.
The cause having been tried in part before a jury, and the defendant having moved for dismissal thereof for lack of jurisdiction, the court granted said motion, and dismissed the complaint because of the absence of an amount in controversy in excess of $3,000, exclusive of interest and costs. We see no reason why the widow and mother should not have been permitted to renounce all demands due her, disclaim all personal interest in the suit, and dismiss the same as to her personally and individually, while continuing to prosecute the suit as tutrix or next friend of the minor children, Leroy Harris and Alice Mae Harris, who were born on July 12, 1948, and July 16, 1950, respectively. Considering this as having been done and looking solely to the value in controversy of the children's interest, we think that the court below was not justified in dismissing the complaint for want of jurisdiction.
The proper amount of damages to be sued for in this case cannot be mathematically fixed in advance of the trial; and, for federal jurisdictional purposes, it must be estimated in good faith, since federal jurisdiction depends solely upon diversity of citizenship between the parties. The law of Louisiana, on grounds of public policy, forbids the question of the...
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