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CHICAGO, R. I. & PAC. RY. CO. V. DEVINE, 239 U. S. 52 (1915)

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U.S. Supreme Court

Chicago, R. I. & Pac. Ry. Co. v. Devine, 239 U.S. 52 (1915)

Chicago, Rock Island & Pacific Railway Company v. Devine

No. 391

Motion to dismiss or affirm submitted October 25, 1915

Decided November 8, 1915

239 U.S. 52


In a suit in the state court under the Employers' Liability Act, defendant's contentions that plaintiff's intestate was not engaged in interstate commerce and that a state statute limiting amount of recovery controlled involve federal questions, and, unless wholly frivolous, this Court has jurisdiction.

In this case, however, as both of the propositions are so wanting in substance chanroblesvirtualawlibrary

Page 239 U. S. 53

as not to require further argument, the judgment is affirmed under Rule 6, paragraph 5.

Previous decisions of this Court have conclusively established the exclusive operation of the Employers' Liability Act over the subject with which it deals to the exclusion of all state statutes relating thereto.

266 Ill. 248 affirmed.

The facts, which involve the Jurisdiction of this Court to review a judgment of the state court on writ of error under § 237, Jud.Code, and the disposition of such writ when frivolous under Rule 6, par. 5, are stated in the opinion.

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