In re Walker,

CourtNew York Court of Appeals
Writing for the CourtMILLER
PartiesIn re WALKER.
Decision Date13 July 1915

215 N.Y. 529
109 N.E. 604

In re WALKER.

Court of Appeals of New York.

July 13, 1915.


Appeal from Supreme Court, Appellate Division, Third Department.

Claim by William Alfred Walker for compensation under the Workmen's Compensation Act against the Clyde Steamship Company, employer and self-insurer. From an order of the Appellate Division (152 N.Y. Supp. 1147), affirming an award of the state workmen's compensation commission, the employer appeals. Affirmed.

Norman B. Beecher, of New York City, for appellant.

Egburt E. Woodbury, Atty.Gen. (E.C. Aiken, of Albany, of counsel), for respondent.


MILLER, J.

[1] This case involves a point not considered in Matter of Jensen, 109 N.E. 600, 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, § 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 of the United States of March 3, 1911 (chapter 231, 36 Stat. 1087) provides:

“Section 24. The district courts shall have original jurisdiction as follows: * * * Third. Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it.”

“Section 256. The jurisdiction vested in the courts of the United States in the cases and proceedings hereinafter mentioned, shall be exclusive of the courts of the several states. * * * Third. Of all civil cases of admiralty and maritime jurisdiction; saving to suitors, in all cases, the right of a common-law remedy, where the common law is competent to give it.”

Whilst Congress has conferred admiralty jurisdiction upon the district courts, that jurisdiction is derived from the Constitution of the United States, and is governed by the rules of the maritime law. Congress has not established “a rule of liability or method of compensation” within the meaning of section 114 of the Workmen's Compensation Act set forth in the opinion in the Jensen Case. The act, therefore, applies unless the admiralty jurisdiction is exclusive. But the sections of the Judicial Code above quoted, like the provisions of the Judiciary Act from...

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11 practice notes
  • Southern Pacific Company v. Marie Jensen, No. 280
    • United States
    • United States Supreme Court
    • February 28, 1916
    ...is distributed over all the enumerated hazardous employments in proportion to the risks involved.' See also Walker v. Clyde S. S. Co. 215 N. Y. 529, 109 N. E. 604, Ann. Cas. 1916B, 87. In New York C. R. Co. v. White (decited March 6th), 243 U. S. 188, 61 L. ed. 667, 37 Sup. Ct. Rep. 247, we......
  • Hunter v. Colfax Consol. Coal Co., No. 30268.
    • United States
    • United States State Supreme Court of Iowa
    • November 24, 1915
    ...taxation of the banks concerned. The Jensen Case, the most recent pronouncement by the Court of Appeals of New York, 215 N. Y. 514, 109 N. E. 604, recognizes that the reasoning in the Noble Case sustains what may be called taxation features of workmen's compensation acts, and the court says......
  • Erisman v. Chi., B. & Q. R. Co., No. 30945.
    • United States
    • United States State Supreme Court of Iowa
    • June 26, 1917
    ...See Hunter's Case, supra; and Borgnis' Case, 147 Wis. 327, 133 N. W. 209, 37 L. R. A. (N. S.) 489; Jensen's Case, 215 N. Y. 514, 109 N. E. 604, L. R. A. 1916A, 403, Ann. Cas. 1916B, 276; Mondou's Case, 32 Sup. Ct. 169; Creamer's Case, 85 Ohio St. 349, 97 N. E. 606, 39 L. R. A. (N. S.) 694;I......
  • Sayles v. Foley, Nos. 456, 457.
    • United States
    • Rhode Island Supreme Court
    • January 26, 1916
    ...Under an amended Constitution in New York an optional act has since been held valid. See Jensen v. Southern Pacific Co., 215 N. Y. 514, 109 N. E. 604. In two other cases such laws have been held unconstitutional in some particulars. In Courter v. Simpson Construction Co., 264 Ill. 488, 106 ......
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11 cases
  • Southern Pacific Company v. Marie Jensen, No. 280
    • United States
    • United States Supreme Court
    • February 28, 1916
    ...is distributed over all the enumerated hazardous employments in proportion to the risks involved.' See also Walker v. Clyde S. S. Co. 215 N. Y. 529, 109 N. E. 604, Ann. Cas. 1916B, 87. In New York C. R. Co. v. White (decited March 6th), 243 U. S. 188, 61 L. ed. 667, 37 Sup. Ct. Rep. 247, we......
  • Hunter v. Colfax Consol. Coal Co., No. 30268.
    • United States
    • United States State Supreme Court of Iowa
    • November 24, 1915
    ...taxation of the banks concerned. The Jensen Case, the most recent pronouncement by the Court of Appeals of New York, 215 N. Y. 514, 109 N. E. 604, recognizes that the reasoning in the Noble Case sustains what may be called taxation features of workmen's compensation acts, and the court says......
  • Erisman v. Chi., B. & Q. R. Co., No. 30945.
    • United States
    • United States State Supreme Court of Iowa
    • June 26, 1917
    ...See Hunter's Case, supra; and Borgnis' Case, 147 Wis. 327, 133 N. W. 209, 37 L. R. A. (N. S.) 489; Jensen's Case, 215 N. Y. 514, 109 N. E. 604, L. R. A. 1916A, 403, Ann. Cas. 1916B, 276; Mondou's Case, 32 Sup. Ct. 169; Creamer's Case, 85 Ohio St. 349, 97 N. E. 606, 39 L. R. A. (N. S.) 694;I......
  • Sayles v. Foley, Nos. 456, 457.
    • United States
    • Rhode Island Supreme Court
    • January 26, 1916
    ...Under an amended Constitution in New York an optional act has since been held valid. See Jensen v. Southern Pacific Co., 215 N. Y. 514, 109 N. E. 604. In two other cases such laws have been held unconstitutional in some particulars. In Courter v. Simpson Construction Co., 264 Ill. 488, 106 ......
  • Request a trial to view additional results

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