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CHICAGO, INDIANAPOLIS & c. RY. CO. v. McGUIRE

No. 69.

196 U.S. 128 (1905)

CHICAGO, INDIANAPOLIS AND LOUISVILLE RAILWAY COMPANY v. McGUIRE.

Supreme Court of United States.

Decided January 3, 1905.

Attorney(s) appearing for the Case

Mr. Harry R. Kurrie, with whom Mr. E.C. Field and Mr. G.W. Kretzinger were on the brief, for plaintiff in error, cited and distinguished in support of jurisdiction Howard v. Fleming, 191 U.S. 137; Beals v. Cone, 188 U.S. 184; Leigh v. Green, 193 U.S. 79; Mallett v. North Carolina, 181 U.S. 589; Gableman v. Peoria &c., 179 U.S. 335; Defiance &c. v. Defiance, 191 U.S. 184; Home for Incurables v. New York, 187 U.S. 155; Johnson v. New York &c., 187 U.S. 491; Mutual Life v. McGrew, 188 U.S. 291; Bausman v. Dixon, 173 U.S. 113; West. Un. Tel. Co. v. Ann Arbor &c., 178 U.S. 239; Pope v. Louisville &c., 173 U.S. 573; Marrow v. Brinkley, 129 U.S. 178; Wedding v. Meyler, 192 U.S. 573; Wabash Railway v. Pearce, 192 U.S. 179; Cent. Nat. Bk. v. Stevens, 169 U.S. 432, 460; Crawford v. Burke, 195 U.S. 176, and as to the proper presentation of the case in the state court, Bane v. Keefer, 152 Indiana, 544; Terre Haute v. Fagan, 21 Ind.App. 371; Hedrick v. Hall, 155 Indiana, 371.

Mr. W.H.H. Miller and Mr. Maurice Winfield for defendants in error.

MR. JUSTICE BROWN, after making the foregoing statement, delivered the opinion of the court.

Motion is made to dismiss this writ of error upon two grounds, (1) That the supposed Federal question was not set up and claimed until too late. (2) That there is no Federal question in the case.

The motion must be sustained upon the first ground. The Federal question now put forward by the plaintiff is that the Appellate...

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