Briggs v. Pennsylvania Railroad
Opinion of the Court
delivered the opinion of the Court.
This case first presents the question whether a plaintiff recovering under the Federal Employers’ Liability Act, 45 U. S. C. § 51, is entitled to have interest on the verdict for the interval between its return and the entry of judgment, where the Circuit Court of Appeals’ mandate which authorized the judgment contains no direction to add interest and is never amended to do so.
The jury returned a verdict of $42,500. The District Court then granted a motion, as to which decision had been reserved during the trial, to dismiss the complaint for lack of jurisdiction, and the judgment entered was therefore one of dismissal. However, the Circuit Court of Appeals reversed, 153 F. 2d 841, and directed that judgment be entered on the verdict for plaintiff. When the District Court entered judgment, it added to the verdict interest from the date thereof to the date of judgment. The mandate of the Circuit Court of Appeals had made no provision for interest. No motion to recall and amend the mandate had been made and the term at which it was handed down had expired. Motion to resettle so as to exclude the interest was denied by the District Court. The Circuit Court of Appeals has modified the judgment to exclude the interest in question and to conform to its mandate, 164 F. 2d 21, and the case is here on certiorari, 333 U. S. 836.
The plaintiff has at no time moved to amend the mandate which is the basis of the judgment. That it made no provision for interest was apparent on its face. Plaintiff accepted its advantages and brings her case to this Court, not on the proposition that amendment of the
Affirmed.
Compare Louisiana & Arkansas R. Co. v. Pratt, 142 F. 2d 847, with Briggs v. Pennsylvania R. Co., 164 F. 2d 21.
"We do not consider the question as to whether interest was allowable by law, or rule, or statute, on the original judgment of the special term, or whether it would have been proper for the special term, in rendering the judgment, or otherwise, to have allowed interest upon it, or whether it would have been proper for the general term to do so; but we render our decision solely upon the point that, as neither the special term nor the general term allowed interest on the judgment, and as this court awarded no interest in its judgment of affirmance, all that the general term could do, after the mandate of this court went down, was to enter a judgment carrying out the mandate according to its terms, and simply affirming the prior judgment of the general term, and directing execution of the judgment of the special term . . . with costs, and without interest . . . .” 140 U. S. 91 at 97.
Dissenting Opinion
dissenting.
We granted certiorari to resolve a conflict between the decision of the Circuit Court of Appeals, 164 F. 2d 21, and one rendered by the like court for the Fifth Circuit in Louisiana & Arkansas R. Co. v. Pratt, 142 F. 2d 847.
In each case the jury returned a verdict for the plaintiff, but the trial court nevertheless gave judgment for the defendant as a matter of law;
The two cases thus present squarely conflicting decisions on two questions: (1) whether the appellate court’s mandate includes the interest provided by 28 U. S. C. § 811,
This Court, however, declines to answer the second question, because it determines the first in respondent’s favor, accepting, erroneously I think, the decision of the Circuit Court of Appeals in this phase of the case.
Ordinarily it is for the court issuing a mandate to determine its scope and effect, and other courts are bound by its determination. But this is not always so. If it were true, for example, that the silence of a mandate or a judgment regarding interest invariably precluded its recovery, the Court’s decision and that of the Circuit Court of Appeals would be correct. But an explicit provision for interest is not always necessary to its inclusion, whether in a judgment or a mandate. In some instances interest attaches as a matter of law, even though the mandate or judgment is wholly silent regarding it. In others explicit mention is necessary to its inclusion. Blair v. Durham, 139 F. 2d 260, and authorities cited.
Where the claim for interest rests upon statute, whether the one or the other effect results depends upon the terms and effect of the particular statute on which the claim is founded. Because not all statutes are alike in this respect, the terms and intent of each must be examined, when put in question, to ascertain whether the interest allowed attaches to the judgment or the mandate by operation of law or only upon explicit judicial direction. Usually this is resolved by determining whether the interest allowed is to be given in the court’s discretion or as a matter of right. Blair v. Durham, supra.
As the Blair opinion points out, ordinarily there is no occasion to mention statutory interest expressly, since it
It becomes important therefore to ascertain whether the two statutes, §§811 and 878, are alike in their effects as requiring or not requiring explicit mention of the interest provided for in order for it to be included in a
On the other hand, § 811 is very different. Nothing-in its terms permits an implication that the award of interest is to be made as a matter of judicial discretion. The language is mandatory.
The Court’s decision ignores these vital differences in the statutes, their terms and effects. Consequently it misapplies the decisions relating to § 878 and other situ
Petitioner’s only claim is under the latter section. He seeks as of right interest given by § 811 and attaching to the judgment entered in his favor regardless of the mandate’s omission to mention interest. This claim in my opinion is well grounded, to whatever extent § 811 allows interest. To that extent interest attaches and was meant to attach by operation of law, and regardless of the mandate’s specificity, to the judgment rendered for the plaintiff. The extent to which the section gives interest is, of course, a distinct question, depending in this case on whether the section contemplates that the interest shall begin to run at one date or another.
Since the Court does not decide that question, I reserve decision upon it. But I dissent from the refusal to decide it now. The question is of considerable importance for the proper and uniform administration of the statute; it is not entirely without difficulty;
In this case the complaint was dismissed on the ground that the plaintiff administratrix lacked capacity to bring the action; in the Pratt case the trial court found the verdict inconsistent with answers given to special interrogatories, and therefore gave judgment for the defendant.
In the Pratt case the District Court allowed interest not only from the date of the verdict but also from the date of judicial demand. This was modified on appeal to allow interest only from the date of verdict. 142 F. 2d 847.
The section is as follows: “Interest shall be allowed on all judgments in civil causes, recovered in a district court, and may be levied by the marshal under process of execution issued thereon, in all cases where, by the law of the State in which such court is held, interest may be levied under process of execution on judgments recovered in the courts of such State; and it shall be calculated from the date of the judgment, at such rate as is allowed by law on judgments recovered in the courts of such State.” Rev. Stat. § 966, 28 U. S. C. §811.
Although §811 requires calculation of interest “from the date of the judgment,” the claim is that, in circumstances like these, the words “the judgment” should be taken to specify not the time of entering judgment after appeal and issuance of mandate following reversal, but the time when judgment properly would have been entered but for the delay caused by the defendant’s resistance to the plaintiff’s rightful claim as established on appeal. Cf. Fed. Rules Civ. Proc., Rule 58. Petitioner fixes this time as the date of the
The Circuit Court of Appeals not only rested upon its construction of its mandate and the view that it could not be altered after the term, but also decided the question concerning petitioner’s right to interest under § 811 adversely to his claim that it begins to run prior to the date of the trial court’s entry of judgment after remand. To what extent this ruling influenced the decision as to the mandate’s effect is not clear.
Citing In re Washington & Georgetown R. Co., 140 U. S. 91; Thornton v. Carter, 109 F. 2d 316. See text infra at note 11.
In the Pratt case the term of court at which the original mandate of the Circuit Court of Appeals had been handed down had similarly expired.
Massachusetts Benefit Assn. v. Miles, 137 U. S. 689.
See the cases cited in note 10.
139 F. 2d 260, 261. The authorities cited were In re Washington & Georgetown R. Co., 140 U. S. 91; Boyce’s Executors v. Grundy, 9 Pet. 275; De Witt v. United States, 298 F. 182; Green v. Chicago, S. & C. R. Co., 49 F. 907; Hagerman v. Moran, 75 F. 97.
None of the cases on which this Court bases its decision involves §811. They involve either §878 (Boyce’s Executors v. Grundy, 9 Pet. 275; In re Washington & Georgetown R. Co., 140 U. S. 91, which the majority emphasize by quotation); the allowance of interest in the absence of statute as, e. g., where goods are illegally seized and detained (Himely v. Rose, 5 Cranch 313; The Santa Maria, 10 Wheat. 431); or the granting of relief, other than interest, beyond that decreed in the mandate (Ex parte Sibbald v. United States, 12 Pet. 488; Ex parte The Union Steamboat Company, 178 U. S. 317; Kansas City So. R. Co. v. Guardian Trust Co., 281 U. S. 1).
Of the cases cited by the Circuit Court of Appeals, see note 6, In re Washington & Georgetown R. Co., supra, is a § 878 case, and Thornton v. Carter, 109 F. 2d 316, does not turn on § 811.
Thus, none of the authorities relied on governs the question presented here, viz., whether under § 811 the mandate of the reviewing court excluded interest and was violated by its addition.
The section is as follows: “Where, upon a writ of error, judgment is affirmed in the Supreme Court or a circuit court of appeals, the court shall adjudge to the respondents in error just damages for his delay, and single or double costs, at its discretion.” Rev. Stat. § 1010, 28 U. S. C. § 878.
See the authorities cited in note 10; see also note 11.
“Interest shall be allowed on all judgments in civil causes, recovered in a district court, and may be levied . . “it shall be calculated . . . .” (Emphasis added.) See note 3.
Cf. note 4. The matter is somewhat complicated by the anomaly which would result from a decision that, while § 878 provides for allowance of interest as damages for delay when a decision is affirmed, neither that section nor § 811 explicitly provides any such indemnity when a judgment for the defendant is reversed with directions to enter judgment for the plaintiff; and by the considerations, obviously relevant on the face of § 811, see note 3, relative to securing uniformity in the allowance of interest as between the federal courts and courts of the state in which the federal court sits. Cf. Massachusetts Benefit Assn. v. Miles, 137 U. S. 689; cf. also Erie R. Co. v. Tompkins, 304 U.S. 64.
Reference
- Full Case Name
- Briggs, Administratrix, v. Pennsylvania Railroad Co.
- Cited By
- 397 cases
- Status
- Published