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Boyd v. Grand Trunk W. R. Co.

U.S.
Nov 7, 1949
338 U.S. 263 (1949)

Summary

holding venue provision of Federal Employers' Liability Act nonwaivable

Summary of this case from Evans v. Jeff D

Opinion

CERTIORARI TO THE SUPREME COURT OF MICHIGAN.

No. 17.

Argued October 11, 1949. Decided November 7, 1949.

An agreement between a railroad and an employee injured by its negligence, which limits the venue of any action thereafter brought by the employee under the Federal Employers' Liability Act and deprives him of his right to bring an action in any forum authorized by the Act, is void as conflicting with the Act. Pp. 263-266.

321 Mich. 693, 33 N.W.2d 120, reversed.

In a suit brought by a railroad company in a state court of Michigan to enjoin petitioner from prosecuting a Federal Employers' Liability Act case against it in Illinois, the trial court held that a contract restricting the choice of venue was void and dismissed the suit. The Michigan Supreme Court reversed. 321 Mich. 693, 33 N.W.2d 120. This Court granted certiorari. 337 U.S. 923. Reversed, p. 266.

Melvin L. Griffith argued the cause for petitioner. With him on the brief were Francis H. Monek and John L. Mechem.

H. Victor Spike and George F. Gronewold argued the cause and filed a brief for respondent.


In issue here is the validity of a contract restricting the choice of venue for an action based upon the Federal Employers' Liability Act. Petitioner was injured in the course of his duties as an employee of respondent railroad in November, 1946. Twice during the following month petitioner was advanced fifty dollars by respondent. On each of these occasions petitioner signed an agreement stipulating that if his claim could not be settled and he elected to sue, "such suit shall be commenced within the county or district where I resided at the time my injuries were sustained or in the county or district where my injuries were sustained and not elsewhere." Although this provision defined the available forum as either the Circuit Court of Calhoun County, Michigan, or the United States District Court for the Eastern District of Michigan, petitioner brought an action in the Superior Court of Cook County, Illinois. To enjoin petitioner's prosecution of the Illinois case, respondent instituted this suit. The Michigan Circuit Court held that the contract restricting the choice of venue was void and dismissed the suit. The Michigan Supreme Court reversed. 321 Mich. 693, 33 N.W.2d 120 (1948).

35 Stat. 65, as amended, 45 U.S.C. § 51.

The agreement also provided that the sums advanced would be deducted from whatever settlement or recovery petitioner finally achieved. As to this, the proviso in § 5 of the Liability Act specifies "That in any action brought against any such common carrier under or by virtue of any of the provisions of this Act, such common carrier may set off therein any sum it has contributed or paid to any insurance, relief benefit, or indemnity that may have been paid to the injured employee or the person entitled thereto on account of the injury or death for which said action was brought." Referring to this provision, and interpreting a contract similar to the one here involved, at least one federal court has held that "The contract to waive the venue provisions is of no effect . . . because there was no consideration for it." Akerly v. New York C. R. Co., 168 F.2d 812, 815 (C.A. 6th Cir. 1948).

Certiorari was granted, 337 U.S. 923 (1949), because the federal and state courts which have considered the issue have reached conflicting results. We agree with those courts which have held that contracts limiting the choice of venue are void as conflicting with the Liability Act.

In accord with the decision below are: Roland v. Atchison, T. S. F. R. Co., 65 F. Supp. 630 (N.D. Ill. 1946); Herrington v. Thompson, 61 F. Supp. 903 (W.D. Mo. 1945); Clark v. Lowden, 48 F. Supp. 261 (D. Minn. 1942); Detwiler v. Chicago, R.I. P.R. Co., 15 F. Supp. 541 (D. Minn. 1936); Detwiler v. Lowden, 198 Minn. 185, 188, 269 N.W. 367, 369, 107 A. L.R. 1054, 1059 (1936). In conflict with the ruling before us are: Krenger v. Pennsylvania R. Co., Page 265 174 F.2d 556 (C.A. 2d Cir. 1949), petition for certiorari denied this day, see post, p. 866; Akerly v. New York C.R. Co., 168 F.2d 812 (C.A. 6th Cir. 1948); Fleming v. Husted, 68 F. Supp. 900 (S.D. Iowa 1946); Sherman v. Pere Marquette R. Co., 62 F. Supp. 590 (N.D. Ill. 1945); Petersen v. Ogden U.R. D. Co., 110 Utah 573, 175 P.2d 744 (1946); cf. Porter v. Fleming, 74 F. Supp. 378 (D. Minn. 1947).

Section 6 of the Liability Act provides that "Under this Act an action may be brought in a district court of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business at the time of commencing such action. The jurisdiction of the courts of the United States under this Act shall be concurrent with that of the courts of the several States, and no case arising under this Act and brought in any state court of competent jurisdiction shall be removed to any court of the United States." It is not disputed that respondent is liable to suit in Cook County, Illinois, in accordance with this provision. We hold that petitioner's right to bring the suit in any eligible forum is a right of sufficient substantiality to be included within the Congressional mandate of § 5 of the 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 Act, shall to that extent be void . . . ." The contract before us is therefore void.

Any other result would be inconsistent with Duncan v. Thompson, 315 U.S. 1 (1942). That opinion reviewed the legislative history and concluded that "Congress wanted § 5 to have the full effect that its comprehensive phraseology implies." 315 U.S. at 6. In that case as in this, the contract before the Court was signed after the injury occurred. The court below, in holding that an agreement delimiting venue should be enforced if it was reached after the accident, disregarded Duncan.

The vigor and validity of the Duncan decision was not impaired by Callen v. Pennsylvania R. Co., 332 U.S. 625 (1948). We there distinguished a full compromise enabling the parties to settle their dispute without litigation, which we held did not contravene the Act, from a device which obstructs the right of the Liability Act plaintiff to secure the maximum recovery if he should elect judicial trial of his cause. And nothing in Ex parte Collett, 337 U.S. 55 (1949), affects the initial choice of venue afforded Liability Act plaintiffs. We stated expressly that the section of the Judicial Code there involved, 28 U.S.C. § 1404 (a), "does not limit or otherwise modify any right granted in § 6 of the Liability Act or elsewhere to bring suit in a particular district. An action may still be brought in any court, state or federal, in which it might have been brought previously." 337 U.S. at 60.

See Krenger, supra note 3, 174 F.2d at 558; id. at 561 (concurring opinion of L. Hand, C. J.); Akerly, supra note 3, 168 F.2d at 815; Petersen, supra, note 3, 110 Utah at 579, 175 P.2d at 747.

The right to select the forum granted in § 6 is a substantial right. It would thwart the express purpose of the Federal Employers' Liability Act to sanction defeat of that right by the device at bar.

Reversed.

MR. JUSTICE FRANKFURTER and MR. JUSTICE JACKSON concur in the result but upon the grounds stated by Chief Judge Hand in Krenger v. Pennsylvania R. Co., 174 F.2d 556, at 560 (C.A. 2d Cir. 1949).

MR. JUSTICE DOUGLAS and MR. JUSTICE MINTON took no part in the consideration or decision of this case.


Summaries of

Boyd v. Grand Trunk W. R. Co.

U.S.
Nov 7, 1949
338 U.S. 263 (1949)

holding venue provision of Federal Employers' Liability Act nonwaivable

Summary of this case from Evans v. Jeff D

holding that this right invalidates agreements limiting plaintiffs' choice of venue in FELA actions

Summary of this case from Teter v. BNSF Railway Company

finding provision that limited the venue in which employee could bring suit under the Federal Employers' Liability Act to be void

Summary of this case from E J Gallo Winery v. Morand Bros. Beverage Co.

concluding that agreement limiting venue in which employee could bring FELA action violated 45 U.S.C. § 55

Summary of this case from Ratliff v. Norfolk Southern Ry. Co.

concluding that agreement limiting venue in which employee could bring FELA action violated 45 U.S.C. § 55

Summary of this case from Blackwell v. CSX Transportation, Inc.

In Boyd v. Grand Trunk Western Railroad, 338 U.S. 263, 70 S.Ct. 26, 94 L.Ed. 55 (1949), the Supreme Court applied FELA section 5 to invalidate a post-injury agreement that, in consideration for a monetary advance, restricted a railroad employee's choice of venue for his FELA action.

Summary of this case from Harrington v. Atl. Sounding Co.

In Boyd the railroad employee, having been injured on the job, agreed, in exchange for his employer's cash advances against whatever settlement or recovery was later achieved, that any suit to be filed on account of the injury would be filed only in a district (or county) that was either his residence when injured or in which the injury occurred.

Summary of this case from Terrebonne v. K-Sea Transp. Corp.

noting that a "full compromise enabling the parties to settle their dispute without litigation" does not contravene FELA

Summary of this case from Babbitt v. Norfolk Western Ry. Co.

In Boyd v. Grand Trunk Western Railroad Co., 338 U.S. 263, 265, 70 S.Ct. 26, 94 L.Ed. 55 (1949), the Court held that the right of an employee to bring suit in any eligible forum is included within the Federal Employers Liability Act provision voiding any contract, rule, regulation or device the purpose or intent of which is to enable a common carrier to exempt itself from liability.

Summary of this case from Aaacon Auto Transport v. State Farm Mut. Auto

discussing the limitations on advancements

Summary of this case from Loy v. Norfolk S. Ry. Co.

In Boyd v. Grand Trunk Western Railroad Co., 338 U.S. 263, 70 S.Ct. 26, 94 L.Ed. 55 (1949) (per curiam), the Supreme Court considered the validity of a forum selection agreement in a FELA claim.

Summary of this case from Boutte v. Cenac Towing, Inc.

noting that a "full compromise enabling the parties to settle their dispute without litigation" does not contravene FELA

Summary of this case from Ratliff v. Norfolk Southern Ry. Co.

In Boyd v Grand Trunk Western R. Co. (338 US 263), however, the Supreme Court gave a broad reading to section 5 of the FELA, holding that an agreement limiting an employee's choice of forum to a state or federal court in Michigan was void, on the theory that being subject to suit in a court of the employee's choice was part of the "liability created."

Summary of this case from Schreiber v. K-Sea Transp
Case details for

Boyd v. Grand Trunk W. R. Co.

Case Details

Full title:BOYD v . GRAND TRUNK WESTERN RAILROAD COMPANY

Court:U.S.

Date published: Nov 7, 1949

Citations

338 U.S. 263 (1949)
70 S. Ct. 26

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