Lee v. Central of Georgia Ry Co

• Decision Date: 01 March 1920
• Docket Number: No. 150,150
• Citation: 64 L.Ed. 482,40 S.Ct. 254,252 U.S. 109
• Parties: LEE v. CENTRAL OF GEORGIA RY. CO. et al
• Court: U.S. Supreme Court

252 U.S. 109

40 S.Ct. 254

64 L.Ed. 482

LEE

v CENTRAL OF GEORGIA RY. CO. et al.

No. 150.

Argued Jan. 16, 1920.

Decided March 1, 1920.

Messrs. Alexander A. Lawrence and William W. Osborne, both of Savannah, Ga., for petitioner.

Messrs. H. W. Johnson and T. M. Cunningham, Jr., both of Savannah, Ga., for respondents.

Mr. Justice BRANDEISdelivered the opinion of the Court.

An injured employe brought an action in a state court of Georgia jointly against a railroad and its engineer, and sought in a single count, which alleged concurring negligence, to recover damages from the company under the federal Employers' Liability Act(Comp. St. §§ 8657-8665), and from the individual defendant under the common law.Each defendant filed a special demurrer on the ground of misjoinder of causes of action and misjoinder of partiesdefendant.The demurrers were overruled by the trial court.The Court of Appeals—an intermediate appellate court to which the case went on exceptions certified to the Supreme Court of the state the question whether such joinder was permissible.It answered in the negative.147 Ga. 428, 94 S. E. 558.Thereupon the Court of Appeals reversed the judgment of the trial court(21 Ga. App. 558, 94 S. E. 888), and certiorari to the Supreme Court of the state was refused.The plaintiff then applied to this court for a writ of certiorari on the ground that he had been denied rights conferred by federal law, and the writ was granted.

Whether two causes of action may be joined i. e. single count or whether two persons may be sued in a single count are matters of pleading and practice relating solely to the form of the remedy.When they arise in state courts the final determination of such matters ordinarily rests with the state tribunals, even if the rights there being enforced are created by federal law.John v. Paullin, 231 U. S. 583, 34 Sup. Ct. 178, 58 L. Ed. 381;Nevada-California-Oregon Railway v. Burrus, 244 U. S. 103, 37 Sup. Ct. 576, 61 L. Ed. 1019.This has been specifically held in cases arising under the federal Employers' Liability Act.Minneapolis & St. Louis Railroad Co. v. Bombolis, 241 U. S. 211, 36 Sup. Ct. 595, 60 L. Ed. 961, L. R. A. 1917A, 86, Ann. Cas. 1916E, 505;Atlantic Coast Line Railroad Co. v. Mims, 242 U. S. 532, 37 Sup. Ct. 188, 61 L. Ed. 476;Louisville & Nashville Railroad Co. v. Holloway, 246 U. S. 525, 38 Sup. Ct. 379, 62 L. Ed. 867.It is only when matters nominally of procedure are actually matters of substance which affect a federal right, that the decision of the state court therein becomes subject to review by this court.Central Vermont Railway Co. v. White, 238 U. S. 507, 35 Sup. Ct. 865, 59 L. Ed. 1433, Ann. Cas. 1916B, 252;New Orleans & North Eastern Railroad Co. v. Harris, 247 U. S. 367, 38 Sup. Ct. 535, 62 L. Ed. 1167.

The federal Employers' Liability Act does not modify in any respect rights of employes against one another existing at common law.To deny to a plaintiff the right to join in one count a cause against another employe with a cause of action against the employer in no way abridges any substantive right of the plaintiff against the employer.The argument that plaintiff has been discriminated against because he is an interstate employe is answered, if answer be necessary, by the fact that the Supreme Court of Georgia had applied the same rule in Western & Atlantic R. R. et al. v. Smith, 144 Ga. 737, 87 S. E. 1082(22 Ga. App. 437, 96 S. E. 230), where it refused under the stateEmployers' Liability Act(Civ. Code 1910, § 2782 et seq.) to permit the plaintiff to join...