3. Following the Court’s decision, the Mottleys commenced an action in a Kentucky state court. The case ultimately was brought to the United States Supreme Court by appeal from the highest court in Kentucky on the question of the validity and construction of the 1906 Act; three years after the Supreme Court dismissed the federal action it examined the merits of the Mottleys’ contentions and decided in favor of the railroad, see 219 U.S. 467, 31 S.Ct.

265, 55 L.Ed. 297 (1911). What was gained by the original dismissal?