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Report No. 62

1B.18. U.S.A. view.-

The same principle has been applied in the U.S.A. The earliest judgment relevant to the topic is that of Chief Justice Marshall.1 Some of the more important recent cases2 happen to relate to labour legislation-e.g., the Employer's Liability Act.

There are other American cases3 also, to the same effect.

1. Rose v. Himely, (1808) 4 Cranch 241 (297).

2. (a) New York Central Railroad v. Chisholm, (1925) 268 US 29 (Employers Liability Act held not applicable to accidents in Canada);

(b) Vermilva Brown Co. v. Cornell, (1948) 335 US 377: 93 L Ed 76 (Fair Labour Act and Employment in Bermuda).

3. McCulloch v. Sociedad National de Mondrus, (1963) 372 US 10.







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