UNITED STATES SUPREME COURT DECISIONS ON-LINE

Whether the injured person was or was not an employee of the railway company causing the injury is a question of fact, and if there is a finding supported by the record that he was not, this Court cannot review the judgment of the state court under § 237, Judicial Code, as being invalid because the case was not tried under the Employers' Liability Act. St. Louis & Iron Mtn. Ry. v. McWhirter, 229 U. S. 265; St. Louis & San Francisco Ry. v. Seale, 229 U. S. 156, distinguished.

The decision of the state court, based on substantial ground, being that the injured person was the employee of the express company, and not the railway company, although performing certain duties for the latter, there is no denial of a federal right in the refusal of the state court to apply the Federal Employers' Liability Act, and this Court must dismiss the writ of error and it is not necessary to notice other errors assigned.

The facts, which involve the jurisdiction of this Court under § 237, Judicial Code, to review a judgment of the state court of Oklahoma against a railroad company for damages for death of an express messenger and the application of the Federal Employers' Liability Act to such a case, are stated in the opinion. clubjuris

Page 232 U. S. 683