Missouri Pacific Ry. Co. v. Taber,
244 U.S. 200 (1917)

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U.S. Supreme Court

Missouri Pacific Ry. Co. v. Taber, 244 U.S. 200 (1917)

Missouri Pacific Railway Company v. Taber

No. 760

Submitted April 10, 1917

Decided May 21, 1917

244 U.S. 200



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

Page 244 U. S. 201

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.

Writ of error to review 186 S.W. 688 dismissed.

The case is stated in the opinion.

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