Brinkmeier v. Missouri Pacific Ry. Co., 224 U.S. 268 (1912)

Brinkmeier v. Missouri Pacific Railway Company

No. 206

Submitted March 11, 1912
Decided April 1, 1912
224 U.S. 268

ERROR TO THE SUPREME COURT

OF THE STATE OF KANSAS

Syllabus

The Safety Appliance Act of March 2, 1893, 27 Stat. 531, c.196, did not embrace all cars on the lines of interstate carriers, but only those engaged in interstate commerce. It did not, until amended by the Act of March 2, 1903, 32 Stat. 943, C. 976, embrace all cars used on railroads engaged in interstate commerce.

A declaration for injuries sustained prior to the amendment of March 2, 1903, which did not allege that the car involved was engaged in interstate commerce, was properly held defective.

The rule that decisions of the state court on questions of pleading and practice under the laws of a state are not reviewable by this Court held to include the denial, on the ground that the period of limitation had expired, of an application made after trial to amend the declaration, so as to state a cause of action. Texas & New Orleans R. Co. v. Miller, 221 U.S. 408.

Although the petition may declare under a federal statute, if it states no cause of action thereunder, but at most a right of recovery at common law, rulings on the sufficiency of evidence do not involve federal questions.

81 Kan. 101 affirmed.

The facts, which involve the construction of the Safety Appliance Acts, are stated in the opinion.