Wall v. Chesapeake Ry Co

Decision Date11 April 1921
Docket NumberNo. 237,237
Citation256 U.S. 125,65 L.Ed. 856,41 S.Ct. 402
PartiesWALL v. CHESAPEAKE & O. RY. CO
CourtU.S. Supreme Court

Messrs. C. Paul Tallmadge, Almon W. Bulkley, and Clair E. More, all of Chicago, Ill., for plaintiff in error.

Mr. Worth E. Caylor, of Chicago, Ill., for defendant in error.

Mr. Justice McREYNOLDS delivered the opinion of the Court.

An Illinois statute of 1903 (Laws 1903, p. 217) amended the act of 1853 (Laws 1853, p. 97) which gave a right of action for wrongful death by adding thereto:

'Provided further, that no action shall be brought or prosecuted in this state to recover damages for death occurring outside of this state.'

Our jurisdiction is invoked upon the theory that validity of the amending act was challenged below because of conflict with the federal Constitution. But the point was not raised prior to the petition to the Supreme Court for a rehearing which was overruled without more. 290 Ill. 227, 125 N. E. 20. It could have been presented earlier. According to the well-established rule we may not now consider it, and the writ of error must be dismissed. Godchaux Co. v. Estopinal, 251 U. S. 179, 40 Sup. Ct. 116, 64 L. Ed. 213.

Dismissed.

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7 cases
  • Charleston Federal Savings Loan Ass v. Alderson
    • United States
    • U.S. Supreme Court
    • February 26, 1945
    ...222, 49 L.Ed. 443; Corkran Oil Co. v. Arnaudet, 199 U.S. 182, 193, 26 S.Ct. 41, 44, 50 L.Ed. 143; Wall v. Chesapeake & Ohio Ry. Co., 256 U.S. 125, 126, 41 S.Ct. 402, 403, 65 L.Ed. 856; Citizens' National Bank v. Durr, 257 U.S. 99, 106, 42 S.Ct. 15, 16, 66 L.Ed. 149; Thornton v. Mississippi,......
  • Insull v. New York World-Telegram Corporation, 58 C 108
    • United States
    • U.S. District Court — Northern District of Illinois
    • April 8, 1959
    ...335 U.S. 828, 69 S.Ct. 55, 93 L.Ed. 382; Wall v. Chesapeake & Ohio Ry. Co., 1919, 290 Ill. 227, 125 N.E. 20, error dismissed 256 U.S. 125, 41 S.Ct. 402, 65 L.Ed. 856; Chicago & Eastern Illinois R. R. Co. v. Rouse, 1899, 178 Ill. 132, 52 N.E. 951, 44 L.R.A. 410; Ferroline Corp. v. General An......
  • Grasse v. Dealer's Transport Co.
    • United States
    • Illinois Supreme Court
    • March 20, 1952
    ...that it shall remain unchanged for his benefit; Wall v. Chesapeake & Ohio Railway Co., 290 Ill. 227, 125 N.E. 20, affirmed 256 U.S. 125, 41 S.Ct. 402, 65 L.Ed. 856; New York Central Railroad Co. v. White, 243 U.S. 188, 37 S.Ct. 247, 61 L.Ed. 667; that no constitutional right is necessarily ......
  • Wilson v. Cook Cook v. Wilson
    • United States
    • U.S. Supreme Court
    • April 22, 1946
    ...as construed and applied, has either been presented for decision to the highest court of the state, Wall v. Chesapeake & Ohio R. Co., 256 U.S. 125, 126, 41 S.Ct. 402, 403, 65 L.Ed. 856; Citizens Nat. Bank v. Durr, 257 U.S. 99, 106, 42 S.Ct. 15, 16, 66 L.Ed. 149; or has in fact been decided ......
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