bradford electric light clapper argued decided may stanley burns george hughes dover william leahy washington petitioner robert upton concord john benton washington respondent justice brandeis delivered opinion action damages brought new hampshire employers liability provisions employers liability workmen compensation act state public laws recover death leon clapper plaintiff claimed due employer negligence case removed federal ground diversity citizenship defendant bradford electric light citizen resident vermont plaintiff jennie clapper administratrix citizen resident new hampshire appeared company principal place business vermont lines extending new hampshire leon clapper resident vermont employed lineman emergency service either state course duties sent restore fuses substation new hampshire killed company invoking full faith credit clause federal constitution article set special defense action barried provisions vermont compensation act contract employment entered vermont parties times thereafter resided vermont act accepted employer employee term contract district ruled action properly brought laws state new hampshire action based tort occurring state vermont workmen compensation act extraterritorial effect accordingly rejected special defense denied motion dismiss case tried three times jury third trial resulting verdict plaintiff sum judgment entered thereon first reversed circuit appeals upon rehearing judgment trial affirmed one judge dissenting company filed appeal petition writ certiorari appeal denied certiorari granted vermont workmen compensation act provides workman hired within state shall entitled compensation even though injury received outside state vermont general laws hire workmen within state work outside state may agree workmen remedies provisions chapter shall exclusive regards injuries received outside state accident arising course employment contracts hiring state shall presumed include agreement section every contract employment made within state shall presumed made subject provisions unless prior accident express statement contrary shall made writing one parties section acceptance act surrender parties rights method form amount compensation determination thereof section neither company leon clapper filed statement declining accept provision vermont act new hampshire employers liability workmen compensation act provides employer shall become subject workmen compensation provisions act filing declaration effect public laws even declaration filed employee may subsequent injury still elect either claim compensation section sue damages common law modified employers liability provisions act failure file declaration exposes employer action negligence defenses assumption risk injury fellow servant may interposed sections company filed new hampshire declaration provided statute thus state workmen compensation law elective type provisions differ sharply new hampshire statute unlike vermont permits employee representative elect injury sue damages common law result election made administratrix case bar arose main question decision whether existence right action leon clapper death determined laws vermont parties contract employment resided contract made laws new hampshire employee killed first clearly purpose vermont act preclude recovery proceedings brought another state injuries received course vermont employment provisions act leave room construction statute declares terms workman hired within state shall entitled compensation thereunder injuries received outside well inside state unless one parties elects reject provisions act declares injuries wherever received remedy statute shall exclude rights remedies employee personal representative dent happened vermont statute plainly precluded bringing action damages new hampshire employers liability act action predicated tort vermont injury resulting employer negligence tort provisions compensation act accepted question whether fact injury occurred new hampshire leaves courts free subject employer liability tort may new hampshire courts disregard relative rights parties determined laws vermont resided made contract employment must give effect vermont act agreement implied therefrom right employee employer case injury shall claim compensation provided statute second conflict presented laws foreign country new hampshire courts free far restrictions federal law concerned attach legal consequences acts done within state without reference undertaking parties entered common residence abroad consequences enforced conflict laws two company setting defense right arising vermont statute invokes article federal constitution declares faith credit shall given state public acts every state statute act within meaning clause settled modern woodmen america mixer aetna life insurance dunken see tennessee coal iron george chicago alton wiggins ferry federal sitting new hampshire bound equally courts state observe command full faith credit clause applicable precise question decision whether clause applicable situation presented third administratrix contends full faith credit clause applicable argument recognize vermont act defense new hampshire action give statute extraterritorial effect whereas state power legislate limited territory true full faith credit enjoined constitution respect public acts within legislative jurisdiction enacting state see national mutual building loan association brahan olmsted olmsted obviously power vermont effect legal consequences legislation limited strictly occurrences within boundaries power tribunals grant compensation local employees locally employed injuries received outside borders compare quong ham wah industrial accident commission dismissing writ error cal likewise power exclude courts proceedings form relief injuries existence power denied contended rights thus created need recognized action brought another state provision vermont may validly enforce courts need given effect facts presented adjudication new hampshire answer recognition new hampshire rights created vermont act proper sense termed extraterritorial application act workmen compensation acts treated almost universally creating statutory relation like employer liability acts substituting statutory tort tort see cudahy packing parramore mulhall nashua manufacturing cameron ellis construction chandler industrial commission utah anderson miller scrap iron relation leon clapper company created law vermont long relation persisted incidents properly subject regulation clapper company times residents vermont company principal place business located contract employment made employee duties required go new hampshire temporary specific purposes response orders given vermont office mere recognition courts one state parties conduct subjected certain obligations arising law another state deemed extraterritorial application law state creating obligation pare canada southern ry gebhard requiring circumstances presented full faith credit given public act vermont federal constitution prevents employee representative asserting new hampshire rights denied state residence employment vermont enjoined leon clapper suing company new hampshire recover damages injury suffered denied right recover damages vermont compare cole cunningham reynolds adden rights created vermont act entitled like protection set new hampshire way defense action brought employee representative free disregard law vermont contract effectiveness vermont act gravely impaired purpose act workmen compensation laws provide respect persons residing businesses located state employees remedy expeditious independent proof fault also employers liability limited determinate compare new york central white ann cas hawkins bleakly ann cas mountain timber washington ann cas fourth urged provision vermont statute forbids resort remedies injuries incurred course employment contrary public policy new hampshire full faith credit clause require new hampshire enforce act another state obnoxious public policy federal courts sitting state may therefore decline compare union trust grosman true full faith credit clause require enforcement every right conferred statute another state room play conflicting policies thus plaintiff suing new hampshire statutory cause action arising vermont might denied relief forum fails provide jurisdiction controversy see chambers baltimore ohio compare douglas new york new hartford fails provide procedure appropriate determination see tennessee coal iron george compare slater mexican national enforcement right conferred bonoxious public policy forum compare bothwell buckbee mears union trust grosman ct bond hume converse hamilton ann cas liability imposed deemed penal one see galveston harrisburg san antonio ry wallace compare stewart baltimore ohio company position different plaintiff seeks enforce cause action conferred laws another state right claims given effect set way defense asserted liability defense different considerations apply compare home insurance dick state may occasion decline enforce foreign cause action merely denies remedy leaving unimpaired plaintiff substantive right free enforce elsewhere refuse give effect substantive defense applicable law another state circumstances presented subjects defendant irremediable liability may done compare modern woodmen america mixer aetna life insurance dunken council royal arcanum green see also western union telegraph brown atchison topeka santa fe ry sowers moreover adequate basis lower conclusion deny recovery obnoxious public policy new hampshire decision state cited indicating recognition vermont statute regarded new hampshire prejudicial interests citizens support contention provision vermont act contrary new hampshire policy urged new hampshire compensation law unique among workmen compensation acts permits injured employee elect subsequent injury whether bring suit based upon negligence avail remedy provided act legislature new hampshire steadily refused withdraw privilege mere fact vermont legislation conform new hampshire establish obnoxious latter public policy give effect vermont statute cases involving rights residents state incident relation employer employee created northern pacific babcock sufficient reason appear regarded interest new hampshire casual leon clapper resident continuously employed far appears dependent difficult see state interest subserved circumstances burdening courts litigation sixth administratrix urges company fact accepted provision new hampshire compensation act reserves employee right elect sue damages common law upon ground primarily circuit appeals based upon rehearing affirmance judgment district circumstances acceptance new hampshire act filed show company intend thereby abandon rights vermont law respect leon clapper employees similarly situated occasion hire new hampshire residents state employment connection operation lines state case injury employees failure accept new hampshire act made petitioner liable action negligence denied defenses assumption risk injury fellow servant jutras amoskeag manufacturing levesque american box lumber acceptance construed referable new hampshire ployees bringing new hampshire act employees otherwise subject opinion rights company leon clapper representative determined according vermont act judgment circuit appeals must accordingly reversed occasion consider whether injured employee resident new hampshire continuously employed left dependents recovery might validly permitted new hampshire law reversed justice cardozo took part consideration decision case justice stone concurring agree circumstances present case courts new hampshire giving effect public policy state liberty apply vermont statute thus comity make applicable law new hampshire absence controlling decision new hampshire courts assume opinion hence seems unnecessary decide whether result compelled new hampshire superior force full faith credit clause decision question avoided hesitate say constitution projects authority vermont statute across state lines new hampshire new hampshire courts fixing liability employer tortious act committed within state compelled apply vermont law instead full faith credit clause hitherto though compel recognition outside state operation effect laws upon persons events within bonaparte appeal tax atchison topeka santa fe railroad sowers olmsted olmsted tennessee coal iron george hood mcgehee see union trust grosman western union telegraph brown true case status employer employee terminable created vermont laws operating upon within state assume fact creation must recognized elsewhere whenever material prepared say status voluntarily continued employer employee given locus new hampshire presence within state may regulated according new hamshire law legal consequences acts employer employee grow affect status new hampshire must mandate constitution either defined controlled new hampshire courts laws vermont rather new hampshire interest new hampshire exercising control derived presence employer employee within borders commission tortious act least valid vermont derived fact status citizens originated vermont going new hampshire find nothing history full faith credit clause decisions lends support view compels state subordinate domestic policy respect persons acts within borders laws contrary think interpreted leaving courts new hampshire free circumstances presented either apply refuse apply law vermont accordance interpretation new hampshire policy law footnotes compensation exclusive rights remedies granted provisions chapter employee account personal injury entitled compensation provisions chapter shall exclude rights remedies employee personal representatives dependents next kin common law otherwise account injury employers hire workmen within state work outside state may agree workmen remedies provisions chapter shall exclusive regards injuries received outside state accident arising course employment contracts hiring state shall presumed include agreement laws compare home insurance dick question raised character considered atchison topeka santa fe ry sowers tennessee coal iron george validity attempt create statutory cause action confine courts eancting state see also bothwell buckbee mears pennsylvania fire insurance gold issue mining milling western life indemnity rupp texas new orleans miller louisville nashville melton el paso northwestern ry gutierrez smithsonian institute john allen alleghany finney guy johnson new york life insurance eastern building loan association ebaugh banholzer new york life insurance lloyd matthews glenn garth compare council royal arcanum green converse hamilton ann cas hancock national bank farnum crapo kelly wall green van buskirk wall see farrand federal convention pp congress acting authority article provided authentication legislature state territory country subject jurisdiction act may act march rev stat code tit usca compare mills duryee cranch rev stat usca see also minnesota northern securities cooper newell see also new york life insurance head bonaparte appeal tax compare atchison topeka santa fe ry sowers tennessee coal iron george decisions construing state workmen compensation acts applicable appropriate circumstances injuries received outside state upholding validity acts construed see quong ham wah industrial accident commission cal industrial commission aetna life insurance kennerson thames towboat metropolitan casualty insurance huhn beall supply industrial commission pierce bekins van storage iowa sanunders case pederzoli case mass crane leonard crossette riley mich state ex rel chambers district state ex rel loney industrial accident board mont mcguire neb rounsaville central law matter post burger gohlke ann cas compare smith heine safety boiler ann cas matter cameron ellis construction grinnell wilkinson ann cas smith van noy interstate texas employers ins volek tex civ app pickering industrial commission utah gooding ott anderson miller scrap iron contrary construction reached altman north dakota workmen compensation bureau sheehan pipe line const state industrial commission okl early decisions like effect california illinois massachusetts superseded statute see north alaska salmon pillsbury cal union bridge construction industrial commission gould case mass ann cas provisions state state respect injuries occurring outside state summarized schneider law workmen compensation ed vol pp statute undertake prohibit acts beyond borders state compare allegeyer louisiana nutting massachusetts attempt forbid regulate subsequent modification vermont contract formation subsidiary contracts new agreements parties compare new york life insurance head new york life insurance dodge ann cas affects rights liabilities parties conduct within state subjected operation parties effect create liability acts without state compare western union telegraph brown give rise defense consequence acts within see barnhart american concrete steel denying recovery action damages state injury ground employee remedy compensation law state employment compare spencer kellogg sons reversed grounds linseed king ed compensation similarly denied hall industrial commission hopkins matchless metal polish proper polley app div compare scott white eagle oil refining see also darsch thearle duffield fire works display ind app compare wiley grand trunk ry canada mexican nat jackson compare saloshin houle action nelgigence widow new york resident killed new hampshire working new york firm brought third person residing new hampshire new hampshire held widow right action barred acceptance compensation new york act acceptance accordance provisions act operated assignment compensation insurer rights defendant attention called following rejected compensation bills abolishing right election accident session house bills journal pp session house bills journal pp session house bill journal session house bill journal session house bill journal statute amended increase compensation laws amended without change public laws