Missouri, Kansas & Texas Railway Co. v. West

Citations

• 232 U.S. 682
• 34 S. Ct. 471
• 58 L. Ed. 795
• 1914 U.S. LEXIS 1297

Syllabus

<p>■ Whether the injured person was or was not an employé of the railway company causing-the injury, is a question of fact, and if there is a finding supported by the record that he was not, this court cannot review the judgment of the state court under § 237, Judicial Code, as being invalid because the case was not tried under the Employers’ Liability Act. St. Louis & Iron Mtn. Ry. v. McWhirter, 229 U. S. 265; St. Louis & San Francisco Ry. v. Seale, 229 U. S. 156, distinguished.</p> <p>The decision of the state court, based on substantial ground, being that the injured person was the employé of the express company and not the railway company, although performing certain duties for the latter, there is no denial of-a Federal right in the refusal of the state court to apply the Federal Employers’ Liability Act,- and this court must dismiss the writ of error and it is not necessary to notice other errors assigned.</p>