WALL, ADMINISTRATRIX OF WALL,
v.
CHESAPEAKE & OHIO RAILWAY COMPANY

U.S. | 1921-04-11
No. 237
256 U.S. 125 Supreme Court of the United States (1921) Positive Treatment
Also reported at: 65 L. Ed. 856 · 41 S. Ct. 402 · 1921 U.S. LEXIS 1698 · SCDB 1920-133
Cited by 14 cases
Opinion of the Court
Me. Justice McReynolds

Mr. Justice McReynolds delivered the opinion of the court.

An Illinois statute of 1903 amended the Act of 1853 which gave a right of action for wrongful death by adding thereto — “Provided further, that no action shall be brought or prosecuted in this State, to recover damages for a death occurring outside of this State.” Our jurisdiction is invoked upon the theory that validity of the amending act was challenged below because of conflict with the Federal Constitution. But the point was not raised prior to the petition to the Supreme Court for a rehearing which was overruled without more. 290 Illinois, 227. It could have been presented earlier. According to the well established rule we may not now consider it; and the writ of error must be dismissed. Godchaux Co. v. Estopinal, 251 U. S. 179.

Dismissed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Charleston Fed. Sav. & Loan Ass'n v. Alderson, 324 U.S. 182 (U.S. 1945)
    …e federal Constitution, treaties or laws. Loeber v. Schroeder, 149 U. S. 580, 585; Erie R. Co. v. Purdy, 185 U. S. 148, 153-4; Fullerton v. Texas, 196 U. S. 192, 193; Corkran Oil Co. v. Arnaudet, 199 U. S. 182, 193; Wall v. Chesapeake & Ohio R. Co., 256 U. S. 125, 126; Citizens National Bank v. Durr, 257 U. S. 99, 106; Thornton v. Mississippi, 323 U. S. 668; Carter v. General American Life Ins. Co., 323 U. S. 676; Putzier v. Richardson, 323 U. S. 677. And it has long been settled that an attack upon a tax a…
  • Wilson v. Cook, 327 U.S. 474 (U.S. 1946)
    …t is satisr fied only if the record shows that the question of the validity under federal law of the state statute, as construed and applied, has either been presented for decision to the highest court of the state, Wall v. Chesapeake & Ohio R. Co., 256 U. S. 125, 126; Citizens National Bank v. Durr, 257 U. S. 99, 106, or has in fact been decided by it, Nickey v. Mississippi, 292 U. S. 393, 394; Whitfield v. Ohio, 297 U. S. 431, 435-6, and that its decision was necessary to the judgment. Cuyahoga Power Co. v…
  • Nickey v. Mississippi, 292 U.S. 393 (U.S. 1934)
    …ng the appellants’ application for rehearing, they may be reviewed here, notwithstanding the failure of appellants to mention them in their assignment of errors to the state supreme court, as required by its rules. Wall v. Chesapeake & Ohio Ry. Co., 256 U.S. 125. Saltonstall v. Saltonstall, 276 U.S. 260, 267. Cumberland Coal Co. v. Board of Revision, 284 U.S. 23, 24. We confine our opinion to the questions thus discussed. Appellants, non-residents of Mississippi, are owners of tracts of land in Tunica Coun…

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