Trust Co. of Chicago v. Pennsylvania R. Co.
Decision Date | 21 August 1950 |
Docket Number | No. 10003.,10003. |
Parties | TRUST CO. OF CHICAGO v. PENNSYLVANIA R. CO. |
Court | U.S. Court of Appeals — Seventh Circuit |
Theodore Schmidt, P. J. Cronin, Harry I. Parsons, all of Chicago, Ill. (Fay Warren Johnson, Chicago, Ill., of counsel), for appellant.
Jerome M. Brooks, Chicago, Ill., for appellee.
Before DUFFY, LINDLEY and SWAIM, Circuit Judges.
Plaintiff's decedent, while a resident of Chicago, on April 28, 1947, was injured at Warsaw, Indiana, while riding as a passenger on defendant's train running from Pittsburgh, through Ohio and Indiana to Chicago. He continued to live in Illinois until July 7, 1948, when he removed to Ohio, where he died September 6, 1948. Plaintiff, appointed and qualified administrator in Illinois, instituted suit in the United States District Court in Illinois, to recover damages because of decedent's death, claimed to have been caused by the injury, relying upon diversity of citizenship for jurisdiction. Defendant's special defense going to the power of the court to entertain the suit was overruled; the ensuing trial resulted in judgment against defendant, from which this appeal has been taken.
At the outset we are confronted with the question as to whether the District Court should have sustained defendant's objection to its authority to entertain and dispose of the cause of action asserted by plaintiff. Chapter 70, Section 2 of the Illinois Revised Statutes, authorizing suits to recover damages for deaths, contains this proviso: "Provided, further, that no action shall be brought or prosecuted in this State to recover damages for a death occurring outside of this State where a right of action for such death exists under the laws of the place where such death occurred and service of process of such suit may be had upon the defendant in such place." Indiana at that time had a statute permitting maintenance of such suits. Burns' Indiana Statutes, Sec. 2, Par. 404; Memphis & C. Packet Co. v. Pikey, 142 Ind. 304, 40 N.E. 527. Ohio, too, had given its courts jurisdiction of similar claims. Loftus v. Pennsylvania Road, 107 Ohio St. 352, 140 N.E. 94; Cincinnati, H. & D. R. Co. v. Thiebaud, 6 Cir., 114 F. 918; Drea v. Carrington, 32 Ohio St. 595. The railroad traversed each state and appropriate statutes provided methods for procuring service of process in the respective jurisdictions.
The District Court, relying on our decisions in Stephenson v. Grand Trunk Western R. Co., 7 Cir., 110 F.2d 401, 132 A.L.R. 455, and Davidson et al. v. Gardner, 7 Cir., 172 F.2d 188, struck that portion of defendant's amended answer which averred that Indiana provided a remedy and that, as a result, the suit could not be maintained in Illinois. Defendant insists that, in view of the provisions of the Illinois statute, the court was without authority to entertain and dispose of plaintiff's claim.
The courts of the United States are of limited jurisdiction, possessing only such powers as are either expressly or by necessary implication conferred on them; the policy of the statute conferring jurisdiction on the ground of diversity of citizenship calls for strict construction. Thomson v. Gaskill, 315 U.S. 442, 62 S.Ct. 673, 86 L.Ed. 951; Kline v. Burke Constr. Co., 260 U.S. 226, 43 S.Ct. 79, 67 L.Ed. 226, 24 A.L. R. 1077. It is provided by act of Congress, Rev.St. Sec. 721, 28 U.S.C.A. § 725 now § 1652, derived from Judiciary Act 1789, Sec. 34, that the laws of the several states, except where the Constitution, treaties, or statutes of the United States otherwise provide, shall be regarded as rules of decision in trials at common law, in the courts of the United States, in cases where they apply. Under this statute, except in matters governed by the Federal Constitution or by acts of congress, the law to be applied is that of the state. The purpose of the act is to avoid maintenance within one state of two divergent or conflicting systems of law, one to be applied in the state courts and the other in federal courts, in case of diversity of citizenship. West v. American Telephone & Telegraph Co., Ohio, 311 U.S. 223, 61 S.Ct. 179, 85 L.Ed. 139, 132 A.L.R. 956, reversing 6 Cir., 108 F.2d 347, certiorari granted 310 U.S. 618, 60 S.Ct. 979, 84 L.Ed. 1392, mandate conformed to 6 Cir., 121 F.2d 142. Thus, a federal court will follow and accept as correct the decisions of the highest court of a state as to the powers and the extent of the jurisdiction of the courts of that state. American Bakeries Co. v. Vining, 5 Cir., 80 F.2d 932, affirming D.C., 13 F.Supp. 323; Manning v. Ketcham, 6 Cir., 58 F.2d 948.
Since the Stephenson and Davidson decisions by this court, the Supreme Court has made it clear, we think, that the authorities upon which we relied in those cases are no longer decisive. Thus, in Ragan v. Merchants Transfer & Warehouse Co., 337 U.S. 530, 69 S.Ct. 1233, 1234, after commenting that "it is conceded that if the present case were in the Kansas court it would be barred," the cout said: It added that the court is powerless to give the cause of action "longer life in the federal court than it would have had in the state court without adding something to the cause of action."
In Woods v. Interstate Realty Co., 337 U.S. 535, 69 S.Ct. 1235, decided at the same time, where a Mississippi statute provided that a contract with a nonresident corporation which had not been authorized to do business within the state was void, plaintiff, such a corporation, brought suit in the federal court; the state statute was interposed as a defense. The Court of Appeals, in reliance on David Lupton's Sons Co. v. Automobile Club, 225 U.S. 489, 32 S.Ct. 711, 56 L.Ed. 1177, Ann.Cas.1914A, 699, held that the fact that respondent could not sue in Mississippi did not close the doors of the federal court sitting in that state. The Supreme Court reversed saying: 337 U.S. 535, 69 S.Ct. 1236 (Emphasis supplied.) The court added In Cohen v. Beneficial Loan Corp., 337 U.S. 541 at page 555, 69 S.Ct. 1221, 1230, the court said: ...
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