South Buffalo Railway Co. v. Ahern
Opinion of the Court
delivered the opinion of the Court.
Disability awards by the New York Workmen’s Compensation Board to an interstate railroad employee precipitate this attack on § 113 of that state’s Workmen’s Compensation Law as unconstitutionally conflicting with the Federal Employers’ Liability Act. While employed as a switchman by the appellant Railway, Thomas J. Ahern in July 1944 suffered a coronary occlusion as a result of unusual physical exertion in attempting to “throw a stuck switch” in the Railway’s Lackawanna, New York, yards.
Collision of New York’s statute with the Federal Employers’ Liability Act is the crux of appellant’s constitutional contentions. All agree that the injured employee, had he pursued his federal remedy, would have met the “interstate commerce” requirements of that Act.
We do not think that the Court of Appeals roved so far afield. Rather than coin sweeping generalities, the court held that New York permitted the Board to render compensatory awards for employees engaged in interstate commerce only if the parties voluntarily had so agreed and “if there has been no overreaching or fraud.”
We do not doubt that the Federal Employers’ Liability Act, supplanting a patchwork of state legislation with a nationwide uniform system of liberal remedial rules, displaces any state law trenching on the province of the Act. State legislatures, for example, may not intrude into the
To be sure, peculiarities of local law may not gnaw at rights rooted in federal legislation. American Railway Express Co. v. Levee, 263 U. S. 19, 21 (1923); Davis v. Wechsler, 263 U. S. 22, 24 (1923). Untainted by fraud or overreaching, full and fair compromises of FELA claims do not clash with the policy of the Act. Callen v. Pennsylvania R. Co., 332 U. S. 625 (1948). The validity of such an agreement, however, raises a federal question to be resolved by federal law. Dice v. Akron, C. & Y. R. Co., 342 U. S. 359 (1952); cf. Garrett v. Moore-McCormack Co., 317 U. S. 239 (1942).
Affirmed.
See R. 4.
R. 33, 37. In its “Notice to the Industrial Commissioner That Claim Will Be Controverted,” appellant additionally reserved “the right to controvert for such other reasons as may later appear.” R. 33. The New York courts attached no significance to that reservation.
R. 88-91.
The Board found, in part, that appellant “by its conduct and the effect thereof on the rights of the deceased claimant ... is now estopped from pleading the defense of the Federal Employer’s Liability Act.” R. 5.
303 N. Y. 545, 104 N. E. 2d 898 (1952), affirming 277 App. Div. 1067, 100 N. Y. S. 2d 639 (1950).
“The provisions of this chapter shall apply to employers and employees engaged in intrastate, and also interstate or foreign commerce, for whom a rule of liability or method of compensation has been or may be established by the congress of the United States,
“Any employee of a carrier, any part of whose duties as such employee shall be the furtherance of interstate or foreign commerce; or shall, in any way directly or closely and substantially, affect such commerce as above set forth shall, for the purposes of this chapter, be considered as being employed by such carrier in such commerce and shall be considered as entitled to the benefits of this chapter.” 45 U. S. C. § 51.
See also Heagney v. Brooklyn Eastern District Terminal, 190 F. 2d 976, 978 (1951); Ricketts v. Pennsylvania R. Co., 153 F. 2d 757, 759 (1946). We need not now decide whether the systematic solicitation of such agreements would ran afoul of § 5 of the Federal Employers’ Liability Act. “Any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this chapter, shall to that extent be void . . . .” 45 U. S. C. § 55.
See Purvis v. Pennsylvania R. Co., 198 F. 2d 631 (1952).
Dissenting Opinion
dissenting.
This judgment cannot be sustained on the ground that the parties were merely using the good offices of the New York Workmen’s Compensation Board to compromise a claim under the Federal Employers’ Liability Act. No such claim was ever asserted. The claim made charged no negligence. And no such issue was ever tendered. Yet without negligence, there is no liability under the federal Act. Moreover, this does not appear to be a situation where a claim, contested under the federal Act, is compromised, the standards of a state Act being used as the basis for the settlement. Cf. Bay State Co. v. Porter, 153 F. 2d 827; Heagney v. Brooklyn Eastern D. Terminal, 190 F. 2d 976. This claim seems to be founded on “accident” rather than on “negligence.” And the claimant apparently sought relief under the New York Act because he had none under the federal Act.
But the judgment cannot be affirmed as a settlement of litigation under the New York Act. The Court held in New York Central R. Co. v. Winfield, 244 U. S. 147, that
Therefore, by reason of the Supremacy Clause, a state has no power to adopt a different standard of liability for these personal injuries. It may neither force nor permit the carriers or the employees to settle these personal injury claims on a different basis than the federal Act supplies. Since the New York legislature is constitutionally barred from vesting its Workmen’s Compensation Board and its courts with jurisdiction over the claim, I fail to see how they can acquire jurisdiction through consent of the parties. No waiver, consent, or estoppel should be allowed to enlarge the state domain at the expense of the overriding federal policy. Cf. United States v. Corrick, 298 U. S. 435, 440.
Mr. Justice Brandéis dissented in New York Central R. Co. v. Winfield, 244 U. S. 147, 154, in an opinion in which Mr. Justice Clarke concurred. Under his view the federal Act does not preclude a state from adding to a carrier’s liability for negligence, a liability based on accident. His view is the one I would follow; and I would join four in overruling the Winfield cases. But they are still the law; and their holdings are in my view quite inconsistent with what the Court now does.
Reference
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