Kansas City Southern Ry. Co. v. Leslie
238 U.S. 599 (1915)

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U.S. Supreme Court

Kansas City Southern Ry. Co. v. Leslie, 238 U.S. 599 (1915)

Kansas City Southern Railway Company v. Leslie

No. 538

Argued April 22, 1915

Decided June 21, 1915

238 U.S. 599


Under the Employers' Liability Act as amended in 1910 and § 28, Judicial Code, a cause brought in a state court of competent jurisdiction under the Employers' Liability Act cannot be removed to a federal court upon the sole ground of diversity of citizenship.

Under the Employers' Liability Act as amended in 1910, there can be a recovery for pecuniary loss to the widow and children of decedent and also for conscious pain and suffering endured by decedent in the period, even though brief -- in this case about two hours -- between injury and death. St. Louis, Iron Mtn. & Southern Ry. v. Craft, 237 U. S. 648.

Even though the declaration may set up distinct and independent liabilities springing from one wrong -- as for the suffering endured before death and the death itself -- in an action under the Employers' Liability Act in the state court, the jury need not, if it is in accord

Page 238 U. S. 600

with local practice, specify the different amounts awarded for the suffering before death and the death itself.

Under the Employers' Liability Act, the recovery of pecuniary damages by the personal representative of the deceased is in trust for the beneficiaries designated by the act, and must be based upon their actual pecuniary loss.

112 Ark. 305 reversed.

The facts, which involve the validity of a verdict and judgment for damages for personal injuries obtained in an action under the Federal Employers' Liability Act, are stated in the opinion.

Page 238 U. S. 601

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