United States Supreme Court Cases & Opinions

U.S. Supreme Court

Herb v. Pitcairn, 324 U.S. 117 (1945)

Herb v. Pitcairn

No. 24

Argued October 17, 18, 1944

Decided February 5, 1945*

324 U.S. 117

Syllabus

The records in these cases under the Federal Employers' Liability Act being ambiguous as to whether the state court judgments of dismissal rest on a federal ground or on an adequate state ground, it is appropriate in the circumstances that the causes be continued for such period as will enable counsel for petitioners with all convenient speed to apply to the state court for amendment, or certificate, which will show whether that court intended to rest the judgments on an adequate and independent state ground or whether decision of the federal question was necessary to the judgments rendered. P. 324 U. S. 128.

384 Ill. 237, 281, 51 N.E.2d 277, 282, considered.

Certiorari, 321 U.S. 759, to review judgments affirming dismissals of two suits under the Federal Employers' Liability Act.

Page 324 U. S. 118