Andrews v. Virginian Ry. Co., 248 U.S. 272 (1919)

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Andrews v. Virginian Railway Company

No. 82

Argued December 16, 17, 1918
Decided January 7, 1919
248 U.S. 272

ERROR TO THE ROANOKE COUNTY CIRCUIT COURT.

STATE OF VIRGINIA

Syllabus

A judgment of the Circuit Court of Virginia is not final for the purpose of review in this Court while reviewable at discretion by the court of appeals of the state.

Therefore, a case by its nature reviewable here only by certiorari under the Act of September 6, 1916, c. 448, 39 Stat. 726, in which the Virginia Court of Appeals did not finally deny a writ of error until November 13, 1916, cannot be brought here by writ of error, although the judgment of the Circuit Court preceded the act and the act except judgment rendered before it became operative, i.e., 30 days from its date.

Writ of error dismissed.

To recover for the wrongful death of Andrews, a locomotive engineer in the employ of the defendant in error, the plaintiff in error, the representative of his estate, commenced this suit in April, 1914. Both the Employers’ Liability Act and the act of Congress providing for the inspection of boilers of locomotives were alleged. Act of April 22, 1908, c. 149, 35 Stat. 65; Act of February 17, 1911, c. 103, 36 Stat. 913. On October 12, 1914, there was a judgment on a verdict in favor of the plaintiff. A writ of error having been allowed by the Court of Appeals of Virginia, the judgment was, on January 13, 1916, reversed, and the case remanded for a new trial. Virginian Ry. Co. v. Andrws’ Adm’x, 118 Va. 482. The Circuit Court of Montgomery County, in which the case was tried, thereupon, by consent of the parties, transmitted it for trial to the Circuit Court of Roanoke County, in which court, on the 16th day of June, 1916, there was judgment in favor of the defendant. Thereupon a petition for writ of error to review this judgment was separately and out of term presented to the judges of the Court of Appeals and was denied, and on the opening of the term was, in accordance with the Virginia law, presented to the court, and was there finally denied on November 13, 1916. Then, on the 27th of November, 1916, a petition was presented to the presiding judge of the Circuit Court of Roanoke County for the allowance of a writ of error from this Court, to review the judgment of that court of June 16, 1916, which was allowed, resulting in the case which is before us.