Missouri Pacific Ry. Co. v. Taber, 244 U.S. 200 (1917)

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Missouri Pacific Railway Company v. Taber

No. 760

Submitted April 10, 1917
Decided May 21, 1917
244 U.S. 200

ERROR TO THE SUPREME COURT

OF THE STATE OF MISSOURI

The claim that the Federal Employers’ Liability Act should have governed the action will not afford jurisdiction under Judicial Code § 237 where the action was originally based upon a state statute and the federal act was not set up or relied upon in the answer or otherwise called to the trial court’s attention and where the state supreme court, following the state statutes and established practice, declined to pass upon the claim because not presented to the trial court.

Writ of error to review 186 S.W. 688 dismissed.

The case is stated in the opinion.