Wall v. Chesapeake & Ohio Railway Company/Opinion of the Court

by James Clark McReynolds

United States Supreme Court

256 U.S. 125

Wall  v.  Chesapeake & Ohio Railway Company

 Argued: March 21, 1921. --- Decided: April 11, 1921

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.

Notes