Legal Opinion · Dissent

Marquez v. Rapid Harvest Co.

Court of Appeals of Arizona

Decided September 22, 1965No. 2 CA-CIV 4Published

1DissentMolloy, Judge

(dissenting) :

Having little fault to find with the logic employed by my colleagues, and in turn using the doctrine of expressio unius est exclusio alterius to arrive at a result, I come to a diametrically opposed conclusion from that above expressed.

The crux of the problem, as I see it, is whether the Workmen’s Compensation Law of this state was intended to be a comprehensive act regulating the broad problem of compensation for injuries received by workmen in the course of employment. I believe that it was, for the reasons that I will hereafter delineate, and, if it was, then by providing…

2Cases cited52 opinions

  1. The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1838
  2. Texas & Pacific Railway Co. v. Gulf, Colorado & Santa Fe Railway Co.Supreme Court of the United States · 1926
  3. Texas & Pac. Ry. v. Gulf, Etc., Ry.Supreme Court of the United States · 1926
  4. Feitig v. ChalkleySupreme Court of Virginia · 1946
  5. City of Mesa v. KillingsworthArizona Supreme Court · 1964

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