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John Tip Holland v. Industrial Commission

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eBook details

  • Title: John Tip Holland v. Industrial Commission
  • Author : Arizona Supreme Court
  • Release Date : January 11, 1954
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

On March 25, 1952, petitioner filed two suits, one for each accident, against the Railway in the United States District Court for Arizona. He had been advised by his then counsel, a California attorney, that his only remedy was under the Federal Employers Liability Act, 45 U.S.C.A. ร‚§ 51 et seq. While the federal court minutes are not in the record, references in the briefs indicate that at both trials after petitioners witnesses had been presented, defendant Railway moved for a directed verdict on the grounds that no proof had been introduced that the Railway was a common carrier engaged in interstate commerce or that petitioner was employed in interstate commerce. These motions were granted, verdicts were returned for defendant and judgments entered. Motions for new trials were refused; no appeals were taken. This federal litigation ended on December 23, 1953.


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