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Parker v. Motor Boat Sales, Inc., 314 U.S. 244 (1941)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Parker v. Motor Boat Sales, Inc., 314 U.S. 244 (1941)
Parker v. Motor Boat Sales, Inc. No. 46 Argued November 19, 1941 Decided December 8, 1941 314 U.S. 244
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Syllabus
1. In this proceeding under the Longshoremen’s and Harbor Workers’ Act for compensation for the death of an employee, the evidence was clearly sufficient to support the Deputy Commissioner’s finding that the deceased, at the time of his death, was acting in the course of his employment, and therefore the finding was conclusive. P. 246.
2. The application of the Longshoremen’s and Harbor Workers’ Act to a case where the employee, at the time of his death, was acting in the course of his employment and was riding in a boat on a navigable river, is exclusive, even though the employee usually was engaged in the performance of nonmaritime duties. P. 246.
The case is not within the provision of § 3(a) excepting from the coverage of the Act cases in which recovery may validly be provided by state law.
3. A contention that an award under the Longshoremen’s and Harbor Workers’ Act was void Under § 5 of the Act because the claim for compensation was made by the widow, rather than by the "legal representative" of the deceased, comes too late when raised for the first time in the Circuit Court of Appeals. P. 251.
116 F.2d 789 reversed.
Certiorari, 313 U.S. 554, to review the reversal of a decree sustaining an award of compensation under the Longshoremen’s and Harbor Workers’ Act.
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Chicago: U.S. Supreme Court, "Syllabus," Parker v. Motor Boat Sales, Inc., 314 U.S. 244 (1941) in 314 U.S. 244 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=2XLIJEEXDVWD6C1.
MLA: U.S. Supreme Court. "Syllabus." Parker v. Motor Boat Sales, Inc., 314 U.S. 244 (1941), in 314 U.S. 244, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2XLIJEEXDVWD6C1.
Harvard: U.S. Supreme Court, 'Syllabus' in Parker v. Motor Boat Sales, Inc., 314 U.S. 244 (1941). cited in 1941, 314 U.S. 244. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=2XLIJEEXDVWD6C1.
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