Briggs v. Pennsylvania R. Co., 334 U.S. 304 (1948)

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Briggs v. Pennsylvania Railroad Co.

No. 530

Argued March 30, 1948
Decided May 24, 1948
334 U.S. 304

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. In a civil suit in a federal district court, the jury rendered a verdict for plaintiff, but the court dismissed the complaint for lack of jurisdiction. The circuit court of appeals reversed and directed that judgment be entered on the verdict for plaintiff, but its mandate made no provision for interest.

Held: in entering judgment under the mandate, the district court may not add interest from the date of the verdict to the date of judgment. Pp. 305-307.

2. The rule that an inferior court has no power or authority to deviate from a mandate issued by an appellate court interdicts allowance of interest not provided for in the mandate. P. 306.

164 F.2d 21 affirmed.

In a suit under the Federal Employers’ Liability Act, the jury returned a verdict for the plaintiff, but the district court dismissed the complaint for lack of jurisdiction. The circuit court of appeals reversed, 153 F.2d 841, and directed that judgment be entered on the verdict. The district court entered judgment for the amount of the verdict plus interest from the date thereof to the date of judgment. The circuit court of appeals modified the judgment to exclude the interest. 164 F.2d 21. This Court granted certiorari. 333 U.S. 836. Affirmed, p. 307.