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MARRIN v. AKRON & B. BELT R. CO.

October 11, 1946

MARRIN
v.
AKRON & B. BELT R. CO. et al.



The opinion of the court was delivered by: JONES

The complaint in this case charges two defendant corporations with joint, concurrent and combined acts of negligence. It alleges jurisdiction as to the Akron and Barberton Belt Railroad Company under the Federal Employers' Liability Act and as to the Columbia Chemical Division of the Pittsburgh Plate Glass Company under Title 28, Section 41(1), U.S.C.A. because it involves more than $ 3,000 and is between citizens of different states, the plaintiff being a citizen of Ohio and the defendant, the Columbia Chemical Division of the Pittsburgh Plate Glass Company, a citizen of Pennsylvania.

 The case of City of Indianapolis v. Chase National Bank, 314 U.S. 63, 62 S. Ct. 15, 86 L. Ed. 47, is not applicable to the circumstances of this case. In that case jurisdiction was based alone on Section 41(1). In this case the plaintiff asserts jurisdiction as to one defendant under the Federal Employers' Liability Act and as to the other defendant under Section 41(1). The District Court has only such jurisdiction as is conferred by statute. The plaintiff does not assert jurisdiction as to the Akron and Barberton Belt Railroad Company under Section 41(1). Separate statutes confer jurisdiction on the court as to each of these defendants and I do not think that the joining of the causes of action can oust this court of jurisdiction conferred by statute.

 Motion overruled.

19461011

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