“ Even, however, if this were not the case, we cannot now treat as existing a statute which the court of last resort of the state declares cannot be enforced compatibly with the state Constitution. And as here there is no claim of rights acquired under contract in the light of a settled rule of state interpretation of a state law of Constitution, there is no foundation whatever for upholding assumed rights which can alone rest upon the existence of a state statute when the state court of last resort has held there is no valid statute to sustain them. ”

“ The injuries complained of were caused by the negligence of a chauffeur in operating an automobile owned by the defendant company, resulting in a collision on the highway with plaintiff's horses and the cart in which he, with two others, was riding. ”