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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Southern Pacific Co. v. Jensen ： ウィキペディア英語版 Southern Pacific Co. v. Jensen ''Southern Pacific Company v. Jensen'', , was a United States Supreme Court case concerning the geographical extent of state workers' compensation laws. The Court held that the New York Workmen's Compensation Act, as applied to laborers in the New York Harbor, intruded on federal admiralty jurisdiction, and that civil suits arising within this jurisdiction were subject to the common law of the sea. The compensation statute passed by the state interfered with federal power and was therefore unconstitutional. The case is noted for the dissent written by Justice Holmes, specifically his dicta on the nature of the common law: :The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified. ==Background== In 1914, Christen Jensen was killed in an accident while unloading cargo in the New York Harbor. Jensen was an employee of the Southern Pacific Company, a railroad carrier which also operated a steamship line. Jensen worked as a stevedore on the ship that transported cargo between New York and Texas. He left behind him his wife Marie and their two young children. The Workmen's Compensation Commission of New York provided an award to Jensen's family members, in accordance with the state statute. The award of compensation was objected to by the Southern Pacific Company, who argued that Jensen had been involved in interstate commerce at the time of his death and that rules of liability were to be determined by Congress. The award was upheld by the appellate division and the New York Court of Appeals. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Southern Pacific Co. v. Jensen」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.