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WORKMEN COMPENSATION ACTS
181
effect. It held that the employe, a citizen and resident of that state, could not claim the benefits under the statute although the employer was a Massachusetts corporation and the contract of hire was made in that state, the accident having occurred in the state of New York.200
The court held that his right to recover damages was determined by the law of the state where the accident took place.
The same rule has been enunciated in Michigan.201 In New Jersey, however, the contrary conclusion was reached.202 The court held that although the statute was not binding without the limits of the state, yet the statute could require a contract to be made by two parties to a hiring and that such contract should have an extraterritorial effect. The court found that there was an implied contract between the parties to compensate for injuries arising out of the employment, and that such contract could be enforced irrespective of the place where the injury was sustained.
In Ohio the same result was arrived at as in New
B. 299; Hicks v. Maxton (Eng.), 124 L. T. Rep. 135.
™ Gould’s Case (1913), 215 Mass. 480; 102 N. E. 693. “The subject of personal injuries received by a workman in the course of his employment is within the control of the sovereign power where the injury occurs. ‘It must certainly be the right of each state to determine by its
laws under what circumstances an injury to the person will afford a cause of action.’”
201 Keyes v. Allerdyce, Michigan Industrial Accident Board, April, 1913.
202 Deeny v. Wright & Cobb, 36 N. J. L. J. 121, referred to in Bradbury on “Workmen’s Compensation.”