US SUPREME COURT DECISIONS

Where the jurisdiction of the Circuit Court does not depend entirely on diverse citizenship, but is also founded upon a federal statute, and the amount exceeds one thousand dollars, the judgment of the circuit court of appeals is not final under § 6 of the Judiciary Act of 1891. chanrobles.com-red

Page 226 U. S. 571

Even if the petition in a suit against an intrastate carrier for the death of one engaged in interstate commerce asserts a cause of action under the state statute, without referring to the Federal Employers' Liability Act, the court is presumed to be cognizant of the federal act and of the fact that it has superseded state laws upon the subject.

Under the Federal Employers' Liability Act, the beneficiaries of one killed cannot maintain an action against the employer except a personal representatives of the deceased, but, where the plaintiff is sole beneficiary and takes out letters after the commencement of the action, the court may allow an amendment alleging that the plaintiff sues in the capacity of administrator.

An amendment to the effect that plaintiff sues as personal representative on the same cause of action under the federal statute, instead of as sole beneficiary of the deceased under the state statute, is not equivalent to the commencement of a new action, and is not subject to the statute of limitations. Union Pacific Ry. Co. v. Wyler, 158 U. S. 285, distinguished.

192 F.9d 9 affirmed.

The facts, which involve the construction of the Federal Employers' Liability Act and to what extent amendments of pleadings are allowable, are stated in the opinion.