Opinion

Quong Ham Wah Co. v. Industrial Accident Commission

  • 184 Cal. 26
  • 192 P. 1021
  • 12 A.L.R. 1190
  • 1920 Cal. LEXIS 295
Court
California Supreme Court
Filed
Oct 5, 1920
Status
Published
Author
Wilbur
On the bench
Shaw, Wilbur, Lennon, Olney
Cited by
60 cases
Authority
More cited than 34.9%

certiorari denied by the United States Supreme Court, 255 U. S. 445 [41 Sup. Ct. 373, 65 L. Ed. 723]

How later courts described this case

  • certiorari denied by the United States Supreme Court, 255 U. S. 445 [41 Sup. Ct. 373, 65 L. Ed. 723]
  • writ of error dismissed 255 U. S. 445 [41 Sup. Ct. 373, 65 L. Ed. 723]
  • nullifying the condition of residency

Written by the judges who cited it.

The opinion

WILBUR, J., Concurring.

I adhere to the views expressed in

Estabrook Co.

v.

Industrial Acc. Com.,

177 Cal. 767 , [ 177 Pac. 848 ], I.do not, therefore, agree with that portion of the opinion of Mr. Justice Lennon discussing that case and the rule of law which it announces. I concur with what is said by Mr. Justice Lennon in reference to the jurisdiction of the state of California. I concur in that portion of his opinion in which he bases the constitutionality of the statute upon the principle announced in

Estate of Johnson, supra.

I agree with the majority of the court in holding that, notwithstanding the language of the statute with reference to residents, by virtue of the federal constitution a nonresident of California, if a citizen of the United States,

*50

is entitled to the same remedies as a resident, and for that reason the Industrial Accident Commission had jurisdiction of the complaint of a resident of California, and would also have jurisdiction of a similar complaint by a nonresident, and that there is, therefore, no such discrimination as is prohibited by the federal constitution.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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