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Wall v. Chesapeake & Ohio Railway Co.

Wall, Administratrix of Wall, v. Chesapeake & Ohio Railway Company

Wall v. Chesapeake & Ohio Ry. Co., 256 U.S. 125 (1921)
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Court
Supreme Court of the United States
Decided
April 11, 1921
Docket
No. 237
Judges
McReynolds
Citations
256 U.S. 12541 S. Ct. 40265 L. Ed. 8561921 U.S. LEXIS 1698
Cited by 10
Syllabus
A federal question which could have been raised before but was first raised in the state Supreme Court by a petition for rehearing, which that court merely overruled, does not confer jurisdiction on this court. • Writ of error to review 290 Illinois, 227, dismissed.
Summary
EBBOB TO THE SUPBEME COUBT OF THE STATE OF ILLINOIS. The case is stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — McReynolds

*126 Me. Justice McReynolds delivered the opinion of the court.

An Illinois statute of 1903 amended the Act of 1853 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 a 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 Illinois, 227. 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 .

Dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1929: 11934: 11936: 11945: 21946: 11950: 11952: 11959: 11984: 119292026peak 1945 · 2

Relies on it most ⓘ

  1. Charleston Federal Savings & Loan Ass'n v. Alderson, State Tax Com'r324 U.S. 182 (1945)
  2. Insull v. New York World-Telegram Corporation172 F. Supp. 615 (N.D. Ill. 1959)
  3. Romero v. People of Puerto Rico182 F.2d 864 (1st Cir. 1950)
  4. Gust v. Village of Skokie465 N.E.2d 696 (Ill. App. Ct. 1984)
  5. Grasse v. Dealer's Transport Co.106 N.E.2d 124 (Ill. 1952)
  6. Wilson v. Cook327 U.S. 474 (1946)

Most recent

  1. Gust v. Village of Skokie465 N.E.2d 696 (Ill. App. Ct. 1984)
  2. Insull v. New York World-Telegram Corporation172 F. Supp. 615 (N.D. Ill. 1959)
  3. Grasse v. Dealer's Transport Co.106 N.E.2d 124 (Ill. 1952)
  4. Romero v. People of Puerto Rico182 F.2d 864 (1st Cir. 1950)
  5. Wilson v. Cook327 U.S. 474 (1946)
  6. Charleston Federal Savings & Loan Ass'n v. Alderson, State Tax Com'r324 U.S. 182 (1945)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Godchaux Co. v. Estopinal, 251 U.S. 179 (1919) 40

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