Kilpatrick v. Texas & Pacific Railway Co. (337 U.S. 75)
U.S. Supreme Court · decided May 31, 1949 · Supreme Court Database (Spaeth)
- Citation
- 337 U.S. 75 · 69 S. Ct. 953
- Decided
- May 31, 1949
- Term
- October Term 1948
- Vote
- 7–2
- Majority author
- Justice Vinson
- Issue area
- Judicial Power
- Disposition
- Petition denied or appeal dismissed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Mr. Chief Justice Vinson delivered the opinion of the Court. This litigation has a rather involved history. In 1946, while in the employ of respondent railroad, petitioner was seriously injured in an accident at Big Spring, Texas. Petitioner promptly brought suit under the Federal Employers’ Liability Act in the United States District Court for the Southern District of New York. That court dismissed the action on the ground that the railroad could not properly be served in that district. 72 F. Supp. 635 (1947).. Petitioner appealed from this dismissal;, and, some days after taking the appeal, instituted an action in the District Court for the Northern District of Texas.’ An answer was filed in the latter action and a number of depositions were taken. In March, 1948, the Court of Appeals for the Second Circuit held that the railroad was subject to service in New York. 166 F. 2d 788. Thereupon petitioner moved to dismiss his Texas action.. When the district court refused to dismiss, petitioner appealed and also applied for a writ of prohibition to the Court of Appeals for the Fifth Circuit. That court declined to issue the writ. 167 F. 2d 471 (1948). In No. 275, petitioner fequests this Court to issue a writ of certiorari to review the Court of Appeals action. And in No. 119 Misc., we are. asked to issue a writ, of prohibition directing the District Court for the Northern…
Excerpt of a 4,416-character opinion. The full text and citation network load in the interactive viewer above.