256 US 125 Wall v. Chesapeake & O Ry Co

256 U.S. 125

41 S.Ct. 402

65 L.Ed. 856


No. 237.

Argued March 21, 1921.

Decided April 11, 1921.

Messrs. C. Paul Tallmadge, Almon W. Bulkley, and Clair E. More, all of Chicago, Ill., for plaintiff in error.

Mr. Worth E. Caylor, of Chicago, Ill., for defendant in error.

Mr. Justice McREYNOLDS delivered the opinion of the Court.

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An Illinois statute of 1903 (Laws 1903, p. 217) amended the act of 1853 (Laws 1853, p. 97) 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 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 Ill. 227, 125 N. E. 20. 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, 40 Sup. Ct. 116, 64 L. Ed. 213.