George Sutherland

“ The liability is based, not upon any act or omission of the employer, but upon the existence of the relationship which the employee bears to the employment because of and in the course of which he has been injured. And this is not to impose liability upon one person for an injury sustained by another with which the former has no connection ”

“ The fact that the accident happens upon a public road or at a railroad crossing and that the danger is one to which the general public is likewise exposed is not conclusive against the existence of such causal relationship, if the danger be one to which the employee, by reason of and in connection with his employment, is subjected peculiarly or to an abnormal degree. ”

“ But if the position which the workman must necessarily occupy in connection with his work results in excessive exposure to the common risk (cf. Ismay's Case, [1908] A. C. 437; Rodger, [1912] S.C.. 584) , or if the continuity or exceptional amount of exposure aggravates the common risk (cf. M. Neice, [1911] S.C.. 12; Warner, [1912] A. C. 35) , then it is open to conclude that the accident did not arise out of the common risk, but out of the employment.'
The same doctrine has been declared, under the American statutes, by many of the states courts. ”

“ The question saved in the state court and presented here is whether the statute, as thus construed and applied, is valid under the provisions of the Fourteenth Amendment.
Defendants in error have submitted a motion to dismiss the writ of error on the ground that no federal question in involved, but it is clearly without substance, and is overruled. ”

“ This case arises under the provisions of the Utah Workmen's Compensation Act, which provides for the payment of compensation for personal injury or death of an employee by accident 'arising out of, or in the course of his employment.' Compiled Laws Utah 1917, § 3113, and amendment by Laws Utah 1919, c. 63.
The Cudahy Packing Company, on August 9, 1921, and prior thereto, owned and operated a meat-packing plant at a point about six miles north of Salt Lake City. ”