Southern Pacific Company a Corporation Petitioner Vs Aj Pillsbury Will J
Southern Pacific Company a Corporation Petitioner Vs Aj Pillsbury Will J
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To quickly assess the difficulty of the text, read a short excerpt:
It is plain sophistry to argue that the peti- tioner is exposed to unlimited liability under the Federal law where there is negligence, and at 4 o the same time is exposed to liability for com- pensation where there is no negligence. The field covered is not so defined by Congress. The field covered is defined without reference to whether there is negligence or not. That is a question for the court and jury to determine in each case. If, in a case within the field defined by Congress in the fir...st section of the Act of April 22, 1908, there is sufficient proof of neg- ligence of the kind there defined, there will be, or should be, a recovery of damages; on the other hand, if in such case, negligence of the kind there defined is not alleged and proved, there can be no recovery. A case once found within the field covered by Congress, the State law has nothing whatever to say. The Com- mission and the State Courts cannot adjudicate any of the rights of the parties, whether there is negligence or not, except, of course, insofar as the State Courts are given concurrent juris- diction with United States Courts to try and de- termine issues arising under the Federal statute.
What to read after Southern Pacific Company a Corporation Petitioner Vs Aj Pillsbury Will J?
You can find similar books in the "Read Also" column, or choose other free books by California Industrial Accident Commission to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
It is plain sophistry to argue that the peti- tioner is exposed to unlimited liability under the Federal law where there is negligence, and at 4 o the same time is exposed to liability for com- pensation where there is no negligence. The field covered is not so defined by Congress. The field covered is defined without reference to whether there is negligence or not. That is a question for the court and jury to determine in each case. If, in a case within the field defined by Congress in the fir...st section of the Act of April 22, 1908, there is sufficient proof of neg- ligence of the kind there defined, there will be, or should be, a recovery of damages; on the other hand, if in such case, negligence of the kind there defined is not alleged and proved, there can be no recovery. A case once found within the field covered by Congress, the State law has nothing whatever to say. The Com- mission and the State Courts cannot adjudicate any of the rights of the parties, whether there is negligence or not, except, of course, insofar as the State Courts are given concurrent juris- diction with United States Courts to try and de- termine issues arising under the Federal statute.
What to read after Southern Pacific Company a Corporation Petitioner Vs Aj Pillsbury Will J?
You can find similar books in the "Read Also" column, or choose other free books by California Industrial Accident Commission to read onlineMoreLess
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