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  • Missouri Pacific R. Co. v. Hanna, 266 U.S. 184 (1924)

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    The Supreme Court dismissed a writ it had granted to the Missouri Pacific Railroad Company because the railroad company failed to properly raise and rely on a federal question in the lower courts regarding its responsibility for injuries sustained by the plaintiff while traveling on an interstate drover's pass. The railroad company had argued in the state courts that liability should be determined under the laws of Illinois, not under acts of Congress and federal common law as interpreted by federal courts. As the railroad company did not raise the federal issue in the state courts, the Supreme Court dismissed the writ.

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    Filed: 1924-11-17 Precedential Status: Precedential Citations: 266 U.S. 184 Docket: 54

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    The Supreme Court dismissed a writ it had granted to the Missouri Pacific Railroad Company because the railroad company failed to properly raise and rely on a federal question in the lower courts regarding its responsibility for injuries sustained by the plaintiff while traveling on an interstate drover's pass. The railroad company had argued in the state courts that liability should be determined under the laws of Illinois, not under acts of Congress and federal common law as interpreted by federal courts. As the railroad company did not raise the federal issue in the state courts, the Supreme Court dismissed the writ.

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    Public Domain
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    14 views1 page

    Missouri Pacific R. Co. v. Hanna, 266 U.S. 184 (1924)

    Uploaded by

    Scribd Government Docs
    The Supreme Court dismissed a writ it had granted to the Missouri Pacific Railroad Company because the railroad company failed to properly raise and rely on a federal question in the lower courts regarding its responsibility for injuries sustained by the plaintiff while traveling on an interstate drover's pass. The railroad company had argued in the state courts that liability should be determined under the laws of Illinois, not under acts of Congress and federal common law as interpreted by federal courts. As the railroad company did not raise the federal issue in the state courts, the Supreme Court dismissed the writ.

    Copyright:

    Public Domain
    Download as COURT, PDF, TXT or read online from Scribd
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    of 1

    266 U.S.

    184
    45 S.Ct. 36
    69 L.Ed. 235

    MISSOURI PAC. R. CO.


    v.
    HANNA.
    No. 54.

    Supreme Court of the United States


    November 17, 1924
    Submitted Oct. 8, 1924.

    Messrs. Thomas B. Pryor, of Ft. Smith, Ark., and Edward J. White, of St.
    Louis, Mo., for petitioner.
    Mr. Arthur L. Adams, of Jonesboro, Ark., for respondent.
    Mr. Justice McREYNOLDS delivered the opinion of the Court.

    When this writ was granted, we, of course, supposed petitioner had properly
    raised and relied upon the indicated federal question in the courts below by
    claiming that its responsibility for injuries sustained by respondent while
    traveling on an interstate drover's pass depended upon acts of Congress and
    applicable principles of common law as interpreted and applied by the federal
    courts. Southern Express Co. v. Byers, 240 U. S. 612, 614, 36 S. Ct. 410, 60 L.
    Ed. 825, L. R. A. 1917A, 197.

    The record fails to disclose that it definitely raised the point in either trial or
    Supreme Court. On the contrary, it was there insisted that liability should be
    determined under the laws of Illinois, the state wherein the accident occurred.

    The writ is accordingly dismissed.

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