Mexican Central Railway Company v. Eckman
Decision Date | 05 January 1903 |
Docket Number | No. 124,124 |
Citation | 187 U.S. 429,23 S.Ct. 211,47 L.Ed. 245 |
Parties | MEXICAN CENTRAL RAILWAY COMPANY, Limited, Plff. in Err. , v. J. W. ECKMAN, Guardian of Alfonso Huesselmann |
Court | U.S. Supreme Court |
This was an action brought in the circuit court of the United States for the western district of Texas by J. W. Eckman, a citizen and resident of that district, as guardian of Alfonso Huesselmann, a minor, against the Mexican Central Railway Company, a corporation of Massachusetts, to recover damages for injuries sustained by him in the Republic of Mexico through the negligence of the company, in whose employment he then was. The complaint set out certain sections of the Constitution, of the Penal and Civil Codes, and acts of Congress and regulations thereunder, of Mexico, and averred that, 'by virtue of the general principles of right and justice, and by virtue of the laws of Mexico hereinbefore set forth,' plaintiff had a right of action in Mexico, and that the same existed in the United States; and also that the acts of negligence complained of were wrongful and actionable in the United States and in the state of Texas, as well as in the Republic of Mexico. Defendant filed a plea in abatement to the effect that Huesselmann was not then, or at the time of the infliction of the injuries, a citizen or resident of the state of Texas, but that he and his parents were citizens and residents of the state of Illinois; and that defendant was a resident and citizen of Massachusetts, and had not waived its right to be sued there, which right it pleaded, and asked that the action be dismissed. The plea was overruled, and defendant filed an answer containing seven exceptions or pleas to the jurisdiction, an exception to the complaint for insufficiency, and a general denial. All of the pleas were overruled, and the case was tried before a jury, a verdict rendered in plaintiff's favor, and judgment entered thereon. Thereupon a writ of error was allowed from this court on a certificate that the following questions of jurisdiction arose:
Messrs. A. B. Browne, Alex. Brittor, and Eben Richards for plaintiff in error.
Mr.Millard Patterson for defendant in error.
This case is brought directly from the circuit court to this court under the 1st subdivision of the 5th section of the judiciary act of March 3, 1891 [26 Stat. at L. 827, chap. 517, U. S. Comp. Stat. 1901, p. 549], providing that that may be done 'in any case in which the jurisdiction of the court is in issue; in such cases the question of jurisdiction alone shall be certified to the Supreme Court from the court below for decision.' It must be regarded as settled that the jurisdiction here referred to is the jurisdiction of the circuit or district courts of the United States as such (Smith v. McKay, 161 U. S. 355, 40 L. ed. 731, 16 Sup. Ct. Rep. 490; Blythe v. Hinckley, 173 U. S. 501, 43 L. ed. 483, 19 Sup. Ct. Rep. 497); that the whole case is not open to us, but only the question of jurisdiction (Horner v. United States, 143 U. S. 570, 576, 36 L. ed. 266, 12 Sup. Ct. Rep. 522; United States v. Jahn, 155 U. S. 112, 39 L. ed. 89, 15 Sup. Ct. Rep. 39); and that review by certificate is limited to the certificates by the circuit or district courts, made after final judgment, of questions made as to their own jurisdiction, and to the certificates by the circuit court of appeals of questions of law in relation to which the advice of this court is sought as therein provided. United States v. Rider, 163 U. S. 132, 41 L. ed. 101, 16 Sup. Ct. Rep. 983.
Defendant's counsel condenses the propositions relied on into these: (1) That 'the citizenship of the ward, the actual plaintiff, not that of the guardian, the nominal plaintiff, controls;' (2) that 'the laws of Mexico as pleaded and proved, and which are relied on to support this case, are so vague and indefinite, and so dissimilar to the laws of Texas, as to be incapable of enforcement in our courts, and are inconsistent with the statutes and public policy of Texas;' and (3) that these laws 'are penal in their character, and such as should be given no...
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