by John Marshall Harlan

“ This court has no authority to review the final judgment of the highest court of a state in which a decision of the case could be had, and to determine whether that judgment is in derogation of a title, right, privilege, or immunity protected by the constitution of the United States, unless the party against whom such judgment was rendered 'specially set up or claimed' such right under that instrument. ”

“ Will interrupt the business of your cross petitioners.
'Your cross petitioners further show that the taking of said land, and the opening of said street across the same, will necessitate the construction by your cross petitioners of approaches to such crossings, the planking of their tracks, the draining of the side crossings and the adjoining land owned by said petitioners, the erection of gates at said crossing, and the keeping of a flagman thereat, all of which will cause the said cross petitioners great expense, to the great damage of your cross petitioners. ”