Wall v. Chesapeake & Ohio Railway Co.
This text of 256 U.S. 125 (Wall v. Chesapeake & Ohio Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
256 U.S. 125, 41 S. Ct. 402, 65 L. Ed. 856, 1921 U.S. LEXIS 1698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wall-v-chesapeake-ohio-railway-co-scotus-1921.