Huckleberry v. Missouri Pac. R. Co.
| Citation | 26 S.W.2d 980,324 Mo. 1025 |
| Decision Date | 02 April 1930 |
| Docket Number | 28139 |
| Parties | HUCKLEBERRY v. MISSOURI PAC. R. CO |
| Court | Missouri Supreme Court |
Original Opinion of February 3, 1930, Reported at 26 S.W.2d 980.
On Motion to Transfer to Court in Banc.
Appellant has filed a motion to transfer this cause to court in banc, 'for the reason that a Federal question is involved herein, to-wit: whether or not the violation of rules or regulations of the Interstate Commerce Commission affords a cause of action to anyone not engaged in interstate commerce, as was the decision in this case, and under the provisions of section 4 of the amendment of 1890 to the Constitution of the State of Missouri, it is provided that when a Federal question is involved, the cause, on application of the losing party, shall be transferred to the court en banc for decision.'
The question here raised involves the interpretation and application and not 'the validity' of the statute or authority exercised under the United States. Under our ruling in Florence McAllister, Administratrix of the Estate of William McAllister, v. St. Louis Merchants' Bridge Terminal Railway Co. (Mo. Sup.) 25 S.W.2d 791, this is not a proper ground for transfer to court in banc.
The motion to transfer is denied.
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