St. Anthony Church v. Pennsylvania R. Co., 237 U.S. 575 (1915)

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Roman Catholic Church of St. Anthony of Padua,

Jersey City v. The Pennsylvania Railroad Company
No. 269

Argued May 7, 1915
Decided June 1, 1915
237 U.S. 575

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

This Court cannot review the judgment of the circuit court of appeals when the complaint alleged diversity of citizenship unless there remain in the complaint, if the averments of such diversity were disregarded, such averments as to existence of rights under the Constitution and laws of the United States as are adequate to sustain jurisdiction.

Inadequacy of averments in the bill to sustain jurisdiction under the Constitution and laws of the United States cannot be cured by showing that the nature and character of the acts relied upon are sufficient to justify the implication that such Constitution and laws were relied upon.

In this case, the facts alleged in regard to damages caused by negligent operation of its railroad by the carrier defendant exclude affixing to such act the character of state action so as to bring them within the Fourteenth Amendment.

Quaere whether the operation of a railroad, not on a public highway but on private property, can be treated as state action within the meaning of the Fourteenth Amendment.

Appeal from 207 F. 897 dismissed.

The facts, which involve the jurisdiction of this Court of appeals from judgments of the Circuit Courts of Appeal, are stated in the opinion.