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Davis Vs. Department of Labor and Industries

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  • US Supreme Court
  • Dec 14, 1942

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60 entries 3 linked 57 unlinked
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  1. Pure Oil Co. Vs. Minnesota US Supreme Court · Dec 09, 1918
  2. interstate Busses Corp. Vs. Blodgett US Supreme Court · Feb 20, 1928
  3. Southern Pacific Co. Vs. Jensen US Supreme Court · May 21, 1917
  4. Davis v. Department
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  5. of Labor and Industries - 317 U.S. 249 (1942) U.S. Supreme Court Davis v. Department
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  6. of Labor and Industries, 317 U.S. 249 (1942) Davis v. Department
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  7. A line of opinions of this Court beginning with Southern Pacific Co. v. Jensen
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  8. Stat. 395. May 17, 1920, this Court declared the Act unconstitutional. Knickerbocker Ice Co. v. Stewart
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  9. Baizley Iron Works v. Span
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  10. by the statute of limitations in the proper forum while he was erroneously pursuing it elsewhere. See e.g., Ayers v. Parker
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  11. facts, fall on either side. Overruling the Jensen case would not solve this problem. In our decision in Parker v. Motor
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  12. in cases of apparent error. It was under these circumstances that we sustained the Commissioner's findings in Parker v. Motor
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  13. heavily on the presumption of constitutionality in favor of the state statute. South Carolina State Highway Dept. v. Barnwell
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  14. Alaska Packers' Assn. v. Industrial
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  15. Accident Commission, 294 U. S. 532 , 294 U. S. 547 . And see Pacific Employers Ins. Co. v. Industrial
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  16. Sultan Railway & Timber Co. v. Dept
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  17. Grant Smith-Porter Co. v. Rohde
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  18. Millers' Indemnity Underwriters Co. v. Braud
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  19. Ex parte Rosengrant, 213 Ala. 202, 104 So. 409, aff'd, Rosengrant v. Havard
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  20. State Industrial Board of N.Y. v. Terry
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  21. Tench Co., Inc., 273 U.S. 639, reported as Lahti v. Terry
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  22. Accident Commission, 276 U. S. 467 . And note the dissenting view in Baizley Iron Works v. Span
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  23. United States Casualty Co. v. Taylor
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  24. New Amsterdam Casualty Co. v. McManigal
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  25. Gonsalves v. Morse
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  26. Nogivera v. New
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  27. Northern Coal Co. v. Strand
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  28. Employers' Assurance Corp. v. Cook
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  29. For a number of state cases supporting each position, see the Circuit Court opinion in Motor Boat Sales v. Parker
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  30. accidents affecting persons standing on either the vessel or the wharf who are knocked into the water. Smith & Son v. Taylor
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  31. Vancouver S.S. Co. v. Rice
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  32. Minnie v. Port
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  33. See, for other examples of our application of this principle, Southern R. Co. v. King
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  34. Interstate Busses Corp. v. Holyoke
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  35. Railway Exp. Agency v. Virginia
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  36. c. 97, 40 Stat. 395, as amended by the Act of June 10, 1922, c. 216, 42 Stat. 634. But Southern Pacific Co. v. Jensen
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  37. long as the employee in a situation like the present is permitted to recover either under the Federal act ( cf. Parker v. Motor
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  38. Nogueira v. New
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  39. Employers' Liability Assurance Co. v. Cook
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  40. U. S. 233 ) or under a state statute. Cf. Millers' Indemnity Underwriters v. Braud
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  41. In Parker v. Motor
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  42. erroneously concluded they were without constitutional power to make the award. Indeed, after our decision in Parker v. Motor
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  43. rule would seem to compel reversal of a federal commissioner who declined jurisdiction. See Northern Coal Co. v. Strand
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  44. U. S. 142 , and Employers' Liability Assurance Co. v. Cook
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  45. See Nogueira v. New
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  46. U.S. Supreme Court Davis v. Department
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  47. Knickerbocker Ice Co. v. Stewart
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  48. Ayers v. Parker
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  49. Parker v. Motor
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  50. South Carolina State Highway Dept. v. Barnwell
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