William R. Day

“ It is well settled that, in order to review the judgment of the circuit court of appeals, jurisdiction in the district court must not have rested upon diverse citizenship alone, but that jurisdiction must in part, at least, have arisen because of averments showing a cause of action under the Constitution or laws of the United States; and in order to come to this court by writ of error to the circuit court of appeals such allegations of Federal right must be found in the complaint. ”

“ The amended complaint added certain allegations wherein it was alleged that the defendant, for the purpose of its railroad, owned, managed, and operated a certain mine or colliery known as the 'Pettibone' colliery in the state of Pennsylvania, in which plaintiff was employed at the time of the injury, and where, at all of the times covered by the complaint, the defendant did and still does mine and prepare anthracite coal for use in its locomotives and engines and other equipment used in its business as a common carrier in interstate commerce. ”