Annotated Consolidated Laws of the State of New York As Amended to January 1 ...

Cover Annotated Consolidated Laws of the State of New York As Amended to January 1 ...
Annotated Consolidated Laws of the State of New York As Amended to January 1 ...
New York (State), Clarence Frank Birdseye, Robert Cushing Cumming, Frank Bixby Gilbert
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§ 200. Employer's liability for injuries.
Effect of amendment of 1910. — ^Wesel v. Powers Co. (1911), 147 App. Div. 167, 132 N. Y. Supp. 144.
Intention of the Employers' Liability Act (Laws of 1902, chap. 600) was to create a liability under certain circumstances where none existed at common law, but it did not attempt to define the whole measure of an employer's duty. Wesel t.
Powers Co. (1911), 147 App. Div. 167. 132 N. Y. Supp. 144.
The federal conrti will construe the statute, when an actio
...n under the New York Employer's Liability Act is brought in such court, in accordance with the construc- tion placed thereon by the highest court of that state. Proctor ft Gamble Co. v.
Williams, 183 Fed. 695 (1910); Pennsylvania Steel Co. v. Lakkonen. 181 Fed. 325 (1910).
Case not removable to federal courts. — Where the allegations show a cause of ac- tion under this and the following sections, and the case was brought in a state court, it is not removable to the federal courts as one under the federal Employer's Liability Act, notwithstanding diversity of citizenship, and the fact that if it had stated a cause of action at common law or under the New York statute, it would have been removable.


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