Baltimore & Ohio Railroad v. Kepner
Baltimore & Ohio Railroad v. Kepner
Opinion of the Court
delivered the opinion of the Court.
We have for decision in this case the question whether a state court may validly exercise its equitable jurisdiction to enjoin a resident of the state from prosecuting a cause of action arising under the Federal Employers’ Liability Act in a federal court of another state where that Act gave venue, on the ground that the prosecution in the federal court is inequitable, vexatious and harassing to the carrier.
As the issue was deemed a federal question of substance,
The defendant railroad was doing business in the New York district where the damage suit was filed, as appears from a copy of the complaint in the federal case made a part of the petition.
Respondent demurred for failure to state a cause of action and lack of jurisdiction of the subject of the action: The trial court sustained the démurrer and dismissed the action, by an order which was sustained by the Court of Appeals and, on rehearing, by the Supreme
The statutory provision in regard to venue is in § 6, which so far as pertinent reads as follows:
“Under this chapter an action may be brought in a district court of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business at the time of commencing such action.” (Apr. 5, 1910, c. 143, § 1, 36 Stat. 291, as amended March 3, 1911, c. 231, § 291, 36 Stat. 1167; 45 U. S. C. § 56.
When the second Employers’ Liability Act was enacted, venue of actions under it was left to the general venue statute, 35 Stat. 65, which fixed the venue of suits in the United States courts, based in whole or in part upon the Act, in districts of which the defendant was an inhabitant.
The reason for the addition was said to be the injustice to an injured employee of compelling him to go to the possibly far distant place of habitation of the defendant
When petitioner sought an injunction in the Ohio court against the further prosecution of the federal court action in New York, the petition alleged that prosecution of the New York action would entail “an undue burden” on interstate commerce. No objection to the decree below, upon that explicit ground, appears in the petition for
The real contention of petitioner is that, despite the admitted venue, respondent is acting in a vexatious and inequitable manner in maintaining the federal court suit in a distant jurisdiction when a convenient and suitable forum is at respondent’s doorstep. Under such circumstances, petitioner asserts power, abstractly speaking, in the Ohio court to prevent a resident under its jurisdiction
We read the opinion of the Supreme Court of Ohio to express the view that, if it were not for § 6 of the Employers’ Liability Act, the requested injunction would be granted, on the undisputed facts of the petition. Section 6 establishes venue for an action in the federal courts. As such venue is a privilege created by federal statute
Petitioner presses upon us the argument that the action of Congress gave an injured railway employee the privilege of extended venue, subject to the usual powers of the state to enjoin what in the judgment of the state courts would be considered an improper use of that privilege. This results, says petitioner, because the Act does not in terms exclude this state power.
Affirmed.
Judicial Code, § 237b.
McConnell v. Thomson, 213 Ind. 16, 8 N. E. 2d 986, 11 N. E. 2d 183; Reed’s Admrx. v. Illinois Central R. Co., 182 Ky. 455, 206 S. W. 794,
137 Ohio St. 206, 28 N. E. 2d 586 and 137 Ohio St. 409, 30 N. E. 2d 982.
First section of the act of March 3, 1875, 18 Stat. 470, as amended by the act of March 3, 1887, 24 Stat. 552, and act of August 13, 1888, 25 Stat. 433.
Cound v. Atchison, T. & S. F. Ry. Co., 173 F. 527; Macon Grocery Co. v. Atlantic Coast Line R. Co., 215 U. S. 501, 506. Senate Report No. 432, 61st Cong., 2d Sess., p. 4.
April 5, 1910, c. 143, 36 Stat. 291.
Senate Report No. 432, 61st Cong., 2d Sess., p. 4.
Cong. Rec., 61st Cong., 2d Sess., Vol. 45, Pt. 3, p. 2253.
Id., Pt. 4, p. 4034.
Cf. International Milling Co. v. Columbia Co., 292 U. S. 511, 517-21; St. Louis, B. & M. Ry. Co. v. Taylor, 266 U. S. 200, 207. Davis v. Farmers Co-operative Co., 262 U. S. 312, is limited to its particular facts, 292 U. S. 511 at 517; Michigan Central R. Co. v. Mix, 278 U. S. 492, and Atchison, T. & S. F. Ry. Co. v. Wells, 265 U. S. 101, turn on the absence or inconsequential character of business done within the states where the railroads were sued. The Mix case is differentiated from the Foraker and Taylor cases because the carrier’s lines or contracts did not run or call for performance in the territory over which the court where the objectionable action was filed had jurisdiction.
New York, C. & St. L. R. Co. v. Matzinger, 136 Ohio St. 271, 25 N. E. 2d 349; Cole v. Cunningham, 133 U. S. 107; Simon v. Southern Ry. Co., 236 U. S. 115, 123.
Kern v. Cleveland, C., C. & St. L. Ry. Co., 204 Ind. 595, 185 N. E. 446; Reed’s Admrx. v. Illinois Central R. Co., 182 Ky. 455, 206 S. W. 794; Ex parte Crandall, 53 F. 2d 969.
Missouri-Kansas-Texas R. Co. v. Ball, 126 Kan. 745, 271 P. 313; Mobile & Ohio R. Co. v. Parrent, 260 Ill. App. 284; Lancaster v. Dunn, 153 La. 15, 95 So. 385.
Neirbo Co. v. Bethlehem Corp., 308 U. S. 165.
A contrary view as to injunctions against actions in state courts has been expressed. Roberts: Federal Liabilities of Carriers (2d Ed.) Yol. 2, § 962.
Cohens v. Virginia, 6 Wheat. 264, 379.
Calhoun Gold Mining Co. v. Ajax Gold Mining Co., 182 U. S. 499, 505; Tullock v. Mulvane, 184 U. S. 497, 505, 512-13; Cincinnati, N. O. & T. P. Ry. Co. v. Rankin, 241 U. S. 319, 326-27; Chesapeake & Ohio Ry. Co. v. Martin, 283 U. S. 209, 213; Chesapeake & Ohio Ry. Co. v. Kuhn, 284 U. S. 44, 47; Federal Land Bank v. Priddy, 295 U. S. 229, 231; cf. Roberts, op. cit., supra.
Federal Trade Commission v. Bunte Bros., 312 U. S. 349; United States v. Darby, 312 U. S. 100; Hines v. Davidowitz, 312 U. S. 52; Kelly v. Washington, 302 U. S. 1.
Chesapeake & Ohio Ry. Co. v. Vigor, 90 F. 2d 7; Baltimore & Ohio R. Co. v. Clem, 36 F. Supp. 703, overruling Baltimore & Ohio R. Co. v. Bole, 31 F. Supp. 221.
It was held in Chicago, M. & St. P. Ry. Co. v. Schendel, 292 F. 326, 327-32, that by virtue of th¿ Supremacy Clause a state statute was unconstitutional which forbade the doing of any act to further litigation in another state, by testimony or otherwise, on a personal injury claim arising locally.
Cf. New York Central R. Co. v. Winfield, 244 U. S. 147, 151.
We do not think petitioner’s attempted distinction between a prohibited injunction directed at the court and a permitted one directed at the parties is valid. An order to the parties forbidding prosecution would destroy venue effectually. Oklahoma Packing Co. v. Gas Co., 309 U. S. 4, 9. Cf. Hill v. Martin, 296 U. S. 393, 403. Steelman v. All Continent Corp., 301 U. S. 278, relied upon by petitioner, would be pertinent only if there were occasion for the state court to control federal venue. It would then be exercised against the parties.
Dissenting Opinion
dissenting:
Disagreement with the views of the majority on the construction of a venue provision does not ordinarily call for expression. But inasmuch as the decision in this case unjustifiably limits long-settled powers of the state courts and thereby brings into disequilibrium the relationship of federal and state courts, I think it proper to express my views.
The opinion does not deny the historic power of courts of equity to prevent a misuse of litigation by enjoining resort to vexatious and oppressive foreign suits. See e. g., Cole v. Cunningham, 133 U. S. 107, 118-20; Pere Marquette Ry. Co. v. Slutz, 268 Mich. 388, 256 N. W. 458; Mason v. Harlow, 84 Kan. 277, 114 P. 218; Wilser v. Wilser, 132 Minn. 167, 156 N. W. 271; Northern Pacific Ry. Co. v. Richey & Gilbert Co., 132 Wash. 526, 232 P. 355; O’Haire v. Burns, 45 Colo. 432, 101 P. 755; Miller v. Gittings, 85 Md. 601, 37 A. 372. Nor does it question the familiar doctrine of jorum non conveniens, under which a court having statutory jurisdiction may decline its facilities to a suit that in justice should be tried elsewheré. See Canada Malting Co. v. Paterson Co., 285 U. S. 413, 422-23; Massachusetts v. Missouri, 308 U. S. 1, 19; Rogers v. Guaranty Trust Co., 288 U. S. 123, 130-31. These manifestations of a civilized judicial system are firmly imbedded
And so the basis of the decision of the Court must be found, if anywhere, in the terms of the venue provision of the Federal Employers’ Liability Act. The section provides, simply, that an action under the Act “may be brought in a District Court of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business at the time of commencing such action,” that the jurisdiction of the federal courts shall be “concurrent” with that of the state courts, and that no action brought in a state court of competent jurisdiction shall be removed to a federal court. 36 Stat. 291; 45 U. S. C. § 56. The phrasing of the section is not unique: it follows the familiar pattern generally employed by Congress in framing venue provisions. E. g., 28 U. S. C. § 112 (suits based upon diversity of citizenship); 28 U. S. C. § 53 (suits by or against China Trade Act corporations); 28 U. S. C. § 104 (suite for penalties and forfeitures); 28 U. S. C. § 105 (suits for recovery of taxes); 28 U. S. C. § 41 (26) (b) (interpleader). The decision cannot rest, therefore, upon any peculiarities of the language of the provision.
Nor can justification for the Court’s conclusion be found in the legislative history of the section or the clearly expressed reasons of policy underlying its enactment. As the House and Senate committee reports show, H. Rept.
This doctrine of justice applies with especially compelling force where the conveniences to be balanced are not
The opinion of the Court attaches importance to a phrase taken from Senator Borah’s remarks on the floor of the Senate in submitting the bill to amend the Act: “The bill enables the plaintiff to find the corporation at any point or place or State where it is actually carrying on business, and there lodge his action, if he chooses to do so.” 45 Cong. Rec. 4034. The context of this statement is set out in the footnote.
The intrinsic difficulties of language and the emergence, after enactment, of situations not anticipated by even the
To read the venue provision of the Act as do the majority of the Court, is to translate the permission given a plaintiff to enter courts previously closed to him into a withdrawal from the state courts of power historically exercised by them, and into an absolute direction to the specified federal and state courts to take jurisdiction. The implications of such a construction extend far beyond the situation we now have here, of an attempt by a state court to enjoin an action brought in a federal court sitting in another state. It seems to be generally held that the grant to the state courts of jurisdiction concurrent with the federal courts does not deprive one state court of the power to enjoin an oppressive suit under the Act in a foreign state court.
If the privilege afforded a plaintiff to bring suit under the Employers’ Liability Act in one place rather than in another is to be regarded as an absolute command to the federal courts to take jurisdiction regardless of any considerations of justice and fairness, why is not the same effect to be given the comparable general venue provisions of § 51 of the Judicial Code, 28 U. S. C. § 112? Nothing in the language or the history of the venue provision of the Act differentiates it from the numerous other venue provisions of the Judicial Code. Is the settled doctrine of jorum non conveniens to be deemed impliedly repealed by every such venue provision? Surely, it is much more consonant with reason and right to read venue provisions in the familiar context of established law rather than to impute to Congress an unconsidered, profound alteration in the relationship between the federal and the state
International Milling Co. v. Columbia Co., 292 U. S. 511, did not restrict but expressly recognized the doctrine of the Davis case. In finding the scope of the Davis doctrine in the circumstances which gave rise to it, the opinion in the Milling Co. case only followed traditional technique in the use of precedents. It made precisely the same differentiation that Mr. Justice Brandéis, who articulated the doctrine in the Davis case, made in applying the principle of the case to subsequent situations. See St. Louis, B. & M. Ry. Co. v. Taylor, 266 U. S. 200, and Hoffman v. Foraker, 274 U. S. 21. The doctrine itself stands unchallenged. The present decision does not challenge it.
“Mr. President, I wish to discuss very briefly the bill. The bill as it is now pending provides for three amendments to the employers’ liability law which is now upon the statute books. The first has reference to the venue . . . The objection which has been made to the existing law, and this objection arises by reason of the decision of some of the courts, is that the plaintiff may sometimes be compelled to go a great distance in order to have his cause of action against the defendant by reason of the fact that now the action must be brought in certain instances in the district in which the defendant is an inhabitant. In other words, the corporation being an inhabitant of the State which creates it, it might follow that the plaintiff would have to travel a long distance in order, under certain conditions, to bring his action against the defendant and come within the terms of the law. So, if this bill should be passed the law will be remedied in that respect, in enabling the plaintiff to bring his action where the cause of action arose or where the defendant may be doing business. The bill enables the plaintiff to find the corporation at any point or place or State where it is actually carrying on business, and there lodge his action, if he chooses to do so,” 45 Cong. Rec. 4034.
See Reed’s Admrx. v. Illinois Central R. Co., 182 Ky. 455, 206 S. W. 794; Chicago, M. & St. P. Ry. Co. v. McGinley, 175 Wis. 565, 185 N. W. 218; State ex rel. New York, C. St. L. R. Co. v. Nortoni, 331 Mo. 764, 55 S. W. 2d 272; Kern v. Cleveland, C., C. & St. L. R. Co., 204 Ind. 595, 185 N. E. 446, with which compare McConnell v. Thomson, 213 Ind. 16, 8 N. E. 2d 986, 11 N. E. 2d 183; cf. Ex parte Crandall, 53 F. 2d 969. The lower federal courts have usually declined to enjoin suits under the Act brought in other federal courts. See Rader v. Baltimore & Ohio R. Co., 108 F. 2d 980, 985-86; Chesapeake & Ohio Ry. Co. v. Vigor, 90 F. 2d 7; Southern Ry. Co. v. Cochran, 56 F. 2d 1019, 1020.
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