Missouri Pacific Railway Co. v. Taber

Citations

• 244 U.S. 200
• 37 S. Ct. 522
• 61 L. Ed. 1082
• 1917 U.S. LEXIS 1626

Syllabus

<p>The claim that the Federal Employers’ Liability Act should have ' governed the action will not afford jurisdiction under Judicial Code, § 237, where the action was originally based- upon a state statute and the federal act was not set up or relied upon in the answer or otherwise called to the trial court’s attention and where the state supreme court, following the state statutes and established practice, declined to pass upon the claim because not presented to the trial court.</p>