Missouri Pacific Railway Company v. Margaret Taber
Decision Date | 21 May 1917 |
Docket Number | No. 760,760 |
Citation | 37 S.Ct. 522,61 L.Ed. 1082,244 U.S. 200 |
Parties | MISSOURI PACIFIC RAILWAY COMPANY, Plff. in Err., v. MARGARET L. TABER, Guardian of Harry H. Small, Grace L. Small, and Margaret G. Small, Minors |
Court | U.S. Supreme Court |
Messrs. Edward J. White, Thomas Hackney, and Martin Lyons for plaintiff in error.
Messrs. John T. Wayland, R. J. Ingraham, L. E. Durham, and Hale Houts for defendant in error.
Charles H. Small was killed at Kansas City while employed by plaintiff in error as a switchman. Relying upon a state statute, the guardian of his minor children sued for damages in the Jackson county circuit court and recovered a judgment which the supreme court of Missouri affirmed, May 15, 1916. We are asked to reverse that action because the Federal Employers' Liability Act was not applied, but rights and liabilities were determined according to state laws.
Unless some right, privilege, or immunity under the Federal act was duly and especially claimed, we have no jurisdiction. Judicial Code, § 237 [36 Stat. at L. 1156, chap. 231, Comp. Stat. 1916, § 1214]. Speaking for the court in Erie R. Co. v. Purdy, 185 U. S. 148, 154, 46 L. ed. 847, 850, 22 Sup. Ct. Rep. 605, Mr. Justice Harlan announced the applicable rule:
The original action was based upon a state statute; the answer did not set up or rely upon the Federal act; the trial court's attention was not called thereto; and although urged to hold liability depended upon it, ...
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