#### Frances E. Thomas, Administratrix, Appellee, v. Wells Fargo & Company, Appellant.

Gen. No. 6,371.

(Not to he reported in full.)

Appeal from the Circuit Court of Lake county; the Hon. Claire C. Edwards, Judge, presiding. Heard in this court at the October term, 1916. Certiorari denied by Supreme Court (making opinion final).

Reversed with finding of facts.

Opinion filed August 7, 1917.

Statement of the Case.

Action by Francés E. Thomas, administratrix of the estate of Harry Eussell Thomas, deceased, plaintiff, against Wells Fargo & Company, defendant, to recover damages for the death of decedent. From a judgment for plaintiff for $14,250, defendant appeals.

Holt, Cutting & Sidley, for appellant.

*382Abstract of the Decision.

1. Courts, § 83 * —ivhen Circuit Court no jurisdiction of action under Federal Employers’ Liability Act. The Circuit Courts of the State have no jurisdiction in cases brought under the Federal Employers’ Liability Act to recover damages for a death occurring outside the State.

2. Courts, § 150*—binding effect of decisions of Supreme Court. The decisions of the Supreme Court on the same point are binding in the Appellate Court.

3. Appeal and error, § 1772*—when case reversed without remanding. Where the Supreme Court renders a decision on appeal, in an action under the Federal Employers’ Liability Act in the Circuit Court to recover damages for the death of a nonresident, that the Circuit Court has no jurisdiction of such a case, while a similar case-is pending in the Appellate Court, a judgment against defendant will he reversed without remanding the case.

C. Helmer Johnson and James G. Welch, for appellee; Arthur H. Chetlain, of counsel.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Carnes

delivered the opinion of the court.