Erie Railroad v. Tompkins · ¶31

No constitutional question was suggested or argued below or here. And as a general rule, this Court will not consider any question not raised below and presented by the petition. Olson v. United States, 292 U. S. 246, 262. Johnson v. Manhattan Ry. Co., 289 U. S. 479, 494. Gunning v. Cooley, 281 U. S. 90, 98. Here it does not decide either of the questions presented but, changing the rule of decision in force since the foundation of the Government, remands the case td be adjudged according to a standard never before deemed permissible.

U. S. Reports, bound volume
U. S. Reports, volume 304, at 64 (Library of Congress) · transcription: Caselaw Access Project
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