Stanley Forman Reed

“ In the Van Cott case we were reviewing an application of federal law by a state court to a solution of a state's problems. Here we have a federal court's interpretation of a long standing state decision. Uncompleted state action, probably influenced by decisions of this Court subsequently overruled, calls for an opportunity for the state to adjudicate the question for itself, while a fixed interpretation of a state statute should be accepted by the federal courts when it does not obviously depend altogether on a misconception of federal law. ”

“ The Compensation Act is the exclusive state remedy for injuries within its scope. The Federal Employers Liability Act does give a right of action and fix the tribunals where it may be enforced. [12] Thus through assimilating the rights and remedies under the Safety Appliance Acts to those under the Federal Employers Liability Act, the California Workmen's Compensation Act was found inapplicable. Walton's was a similar case and it too, 8 Cal.App.2d at page 305, 48 P.2d 108, following Ballard, permitted the maintenance of the suit in the state court. ”

“ Reliance was placed upon the Tipton case and Red Cross Line v. Atlantic Fruit Company [15] which support the principle that interpretation of state statutes by state courts under compulsion of federal law erroneously understood does not bind federal courts. ”