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Farrugia v. Philadelphia & Reading Ry. Co., 233 U.S. 352 (1914)

Farrugia v. Philadelphia & Reading Railway Company

No. 823

Argued March 2, 1914

Decided April 13, 1914

233 U.S. 352


The provision in § 238 Judicial Code, providing for a direct writ of error in any case in which the jurisdiction of the court is in issue, refers to cases in which the power of the court, as a federal court, to hear and determine the cause is in controversy.

Where that power is not in question, but only the sufficiency of the evidence to establish an element of the plaintiff's asserted cause of action, § 238 Judicial Code does not apply, and the writ of error must be dismissed.

A decision of the district court of the United States granting a compulsory nonsuit in an action brought under the Employers' Liability Act because the evidence did not show that the plaintiff was engaged in interstate commerce is subject to review in the circuit court of appeals. A direct writ of error to this Court under § 238 Judicial Code will not lie, as the jurisdiction of the court as a federal court is not in issue.

The facts, which involve the construction and application of the Employers' Liability Act, and the jurisdiction of this Court of a direct appeal from the district court under the Judicial Code, are stated in the opinion.

Page 233 U. S. 353

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