Claim of Walker v. Clyde Steamship Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 22, 1915, affirming an award of the state workmen’s compensation commission. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 22, 1915, affirming an award of the state workmen’s compensation commission. The facts, so far as material, are stated in the opinion. The state is without power to make the remedy given in the Workmen’s Compensation Law exclusive in the case of an .employee injured while upon navigable waters, and the law should be construed as inapplicable to such an employee. Unless so construed, it is unconstitutional because it denies to appellant the equal protection of the laws in…
1Opinion of the CourtMiller, J.
This case involves a point not considered in Matter of Jensen, decided herewith. The claimant was injured on a steamship lying alongside a pier in the Hudson river, and the case was, therefore, one of admiralty and maritime jurisdiction. It is urged that the Workmen’s Compensation Act was not intended to apply to such a case, and that if it was it is unconstitutional for denying the equal protection of the laws.
Article 3, section 2 of the Constitution of the United States provides: “ The judicial power shall extend * * * to all cases of admiralty and maritime jurisdiction.”
The Judicial Code…
2Cases cited4 opinions
- The Moses TaylorSupreme Court of the United States · 1867
- Workman v. New York CitySupreme Court of the United States · 1900
- The GlideSupreme Court of the United States · 1897
- Cunningham v. Northwestern Improvement Co.Montana Supreme Court · 1911
3Cited by13 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Noreen v. William Vogel & Bros.New York Court of Appeals · 1921
- Clyde Steamship Company v. WalkerSupreme Court of the United States · 1916
- Shaughnessy v. Northland Steamship Co.Washington Supreme Court · 1917
- North Pacific Steamship Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1917
8 more not listed; retrieve them via the Exa API.