Minneapolis, St. Paul & S.S.M. Ry. Co. v. Rock, 279 U.S. 410 (1929)

Minneapolis, St. Paul & Sault Ste. Marie Railway Company v. Rock

No. 454

Argued March 8, 1929.
Decided May 13, 1929
279 U.S. 410

CERTIORARI TO THE APPELLATE COURT OF THE

FIRST DISTRICT, STATE OF ILLINOIS

Syllabus

1. A judgment of the Appellate Court of Illinois which the supreme court of the state may review by certiorari becomes final when the latter court denies the writ, and, if it involves a federal question, is thereupon reviewable here. The defeated party need not first apply to the judge of the Appellate Court for a certificate of importance and to grant appeal to the state supreme court. Cahill’s Rev.Stats. Ill., c. 110, § 120. P. 411.

2. One who obtains a job as switchman by fraudulently evading the company’s rule for physical examination, and who is injured in the course of his employment while the company remains unaware of the deception, is not of right an employee within the meaning of the Federal Employers’ Liability Act, and so cannot maintain an action for the injury under that statute. P. 412.

247 Ill.App. 600 reversed.

Certiorari, 278 U.S. 593, to review a judgment of the Appellate Court of Illinois affirming a recovery under the Federal Employers’ Liability Act. The supreme court of the state denied a petition for review by certiorari.