Edward Douglass White

“ As a proposition which is unsubstantial and frivolous cannot be made substantial by asserting another proposition of the same character, it results that there is no ground for the exercise of jurisdiction, and the writ of error is therefore dismissed for want of jurisdiction. ”

“ Confining the case to the statement just made, it is beyond dispute that there is no jurisdiction to review, but it is insisted that the case is not so confined because, after affirmance, the court below entered an order which it directed should be made part of the record, certifying that, in deciding the case, it became necessary for it to consider whether the United States safety appliance law was applicable, and whether, as construed by the trial court, the state law, if applicable, was not repugnant to the due process clause of the 14th Amendment. ”

“ The negligence charged was that the tender of the engine had a defective coupler in that the knuckle and pin on the same could not be worked without going between the cars, and that the drawbar had so much side play that it would not meet the couplers of other cars and therefore would not automatically couple by impact. ”