Labor Laws of the United States Series Volume 9-11

Labor Laws of the United States Series Volume 9-11

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ... that has been ruled upon diversely by the State courts considering it. The New Jersey law was held (Winficld v. Erie Railroad Co., p. 330) by the court of errors and appeals of that State to be applicable in a case where negligence of the employer was neither alleged nor proved, the court holding that as the Federal law did not cover such cases there was room for a State statute to operate. Where interstate commerce is by water, the Supreme Court of Minnesota held that Congress had not yet acted, so that the State law controls (Lindstrom v. Mutual S. S. Co., p. 327). Nonresident aliens.--The rights of alien beneficiaries were passed upon in a case before the Supreme Court of California (Western Metal Supply Co. v. Pillsbury, p. 237), the court holding that there was no reasonable ground for limiting the benefits of the act to citizens; such also was the decision of the Supreme Court of Illinois as to the law of that State (Victor Chemical Works v. Industrial Board, p. 240). ARISING OUT OF AND IN COURSE OF EMPLOYMENT. Most of the compensation laws limit their relief to cases in which the injury on which the claim is based is due to the employment as "arising out of and in course of" the same. In Stertz v. Industrial Insurance Commission (p. 284) the Supreme Court of Washington pointed out that under the law of that State, which omits this phrase, it was not necessary that an injury should arise out of the employment, and the question was ruled out in a case where a foreman was killed by a discharged employee. It does not seem necessary, however, that the act should not contain such words of limitation in a case of this particular kind, since if the employment exposed one to assaults compensation imght still be allowable under...show more

Product details

  • Paperback
  • 189 x 246 x 17mm | 585g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123687515X
  • 9781236875150