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SMITH v. ST. LOUIS AND SOUTHWESTERN RY. CO.

No. 155.

181 U.S. 248 (1901)

21 S.Ct. 603

45 L.Ed. 847

SMITH v. ST. LOUIS AND SOUTHWESTERN RAILWAY COMPANY.

Supreme Court of United States.

Decided April 22, 1901.

Attorney(s) appearing for the Case

Mr. F.E. Albright and Mr. Wallace Hendricks for plaintiff in error.

Mr. Samuel H. West for defendant in error.

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

There are other questions in the record besides the Federal one, upon which the writ of error is based. They seem not to have been earnestly pressed either in the trial court or in the Court of Civil Appeals. They were not passed on by either court. The Court of Civil Appeals, however, said:

"It was shown that appellee's...

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