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Industrial Comm’n v. Nordenholt Corp., 259 U.S. 263 (1922)
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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.
Industrial Comm’n v. Nordenholt Corp., 259 U.S. 263 (1922)
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State Industrial Commission of New York v. Nordenholt Corporation No. 625 Argued March 9, 1922 Decided May 29, 1922 259 U.S. 263
CERTIORARI TO THE SUPREME COURT
OF THE STATE OF NEW YORK
Syllabus
1. When an employee, while working on board a vessel lying in navigable waters, sustains personal injuries there and seeks damages from his employer, the liability of the employer must be determined under the maritime law. P. 272.
2. But where the injuries occur while the employee is engaged in unloading the vessel on land, the local law has always been applied. P. 273.
3. A longshoreman was injured on a dock (an extension of the land) while engaged about the unloading of a vessel lying in navigable waters in New York, and died as a result of his injuries. Held that his contract of employment did not contemplate any dominant federal rule concerning his employer’s liability in damages, and that whether awards under the state compensation act are to be regarded as made upon implied agreement of employer and employee or otherwise, the act was applicable to the case, since this would not conflict with any federal statute or work material prejudice to any characteristic feature of the general maritime law. P. 275. Southern Pacific Co. v. Jensen, 244 U.S. 205, and other cases, distinguished.
195 App.Div. 913, 232 N.Y. 507, reversed.
Certiorari to a judgment of the Supreme Court of New York, Appellate Division, entered upon a remittitur issued from the New York court of appeals pursuant to a decision of the latter court which affirmed a reversal by the former court of an order made under the state Workmen’s Compensation Act by the present petitioner requiring the respondents to pay compensation to the widow of a longshoreman who died as the result of personal injuries received while in the employ of the respondent Nordenholt Corporation.
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Chicago: U.S. Supreme Court, "Syllabus," Industrial Comm’n v. Nordenholt Corp., 259 U.S. 263 (1922) in 259 U.S. 263 259 U.S. 264–259 U.S. 269. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=I2Y1SNX77UZ2U4B.
MLA: U.S. Supreme Court. "Syllabus." Industrial Comm’n v. Nordenholt Corp., 259 U.S. 263 (1922), in 259 U.S. 263, pp. 259 U.S. 264–259 U.S. 269. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=I2Y1SNX77UZ2U4B.
Harvard: U.S. Supreme Court, 'Syllabus' in Industrial Comm’n v. Nordenholt Corp., 259 U.S. 263 (1922). cited in 1922, 259 U.S. 263, pp.259 U.S. 264–259 U.S. 269. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=I2Y1SNX77UZ2U4B.
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