Mitchell v. Louisville & N.R. Co.

• Decision Date: 09 June 1942
• Docket Number: No. 26390.,26390.
• Citation: 379 Ill. 522,42 N.E.2d 86
• Court: Illinois Supreme Court
• Parties: MITCHELL v. LOUISVILLE & N. R. CO.

379 Ill. 522

42 N.E.2d 86

MITCHELL

v.LOUISVILLE & N. R. CO.

No. 26390.

Supreme Court of Illinois.

March 16, 1942.

As Modified on Denial of Rehearing June 9, 1942.

Action under the Federal Employers' Liability Act by Jesse W. Mitchell against the Louisville & Nashville Railroad Company. A judgment for plaintiff was reversed by the Appellate Court, 305 Ill.App. 635, 27 NE.2d 861, the judgment of the Appellate Court was reversed by the Supreme Court, 375 Ill. 545, 31 N.E.2d 965, and defendant appeals from the judgment of the Appellate Court, 310 Ill.App. 563, 35 N.E.2d 81, entered on remand from the Supreme Court.

Reversed.Appeal from Appellate Court, Fourth District, on appeal from City Court of East St. Louis; William F. Borders, Judge.

Farmer, Klingel & Baltz, of Belleville, for appellant.

Joseph B. McGlynn, of East St. Louis (John J. Hoban, of East St. Louis, of counsel), for appellee.

WILSON, Justice.

The plaintiff, Jesse W. Mitchell, brought an action in the city court of East St. Louis to recover damages under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., for injuries sustained on July 3, 1938, near Covington, Kentucky, while employed as a switchman by the defendant, the Louisville & Nashville Railroad Company. A judgment for $32,400 in favor of plaintiff was rendered on the jury's verdict. Upon appeal, the Appellate Court for the Fourth District reversed the judgment on the ground that the trial judge should have directed a verdict for defendant because the record contained no competent evidence tending to show that plaintiff was engaged in interstate commerce at the time he was injured. 305 Ill.App. 635, 27 N.E.2d 861. We granted leave to appeal, reversed the judgment of the Appellate Court, and remanded the cause to that court, with directions to consider the weight of the evidence and any other errors relied upon for reversal. 375 Ill. 545, 31 N.E.2d 965. Thereafter, the Appellate Court affirmed the judgment of the city court. 310 Ill.App. 563, 35 N.E.2d 81. Leave to appeal was granted the defendant, and the cause is before us a second time.

Subsequent to allowing an appeal, defendant has filed a motion to dismiss the suit for lack of jurisdiction of the subject matter, contending that since the cause of action arose in the Commonwealth of Kentucky, the city court of East St. Louis, a court of limited territorial jurisdiction, lacked jurisdiction of the subject matter of the suit. Upon a parallel factual situation in Werner v. Illinois Central Railroad Co., 42 N.E.2d 82, we have decided that the city court of East St. Louis was without jurisdiction of the subject matter...