Shanghai, Jan, 28.
States Court for China, 1937 and 1938 reports dealt with a case in the United in which damages were sought by an employee who had sustained an injury, in a common law action based on the theory of negligence.
A final judgment was handed down on February 2, 1939, which confirmed and restored an original opinion which had' been rendered by the Court, and increased an award to the plaintiff from U.S.$1,200 to U.S.$2,000.
The judgment inter alia states "The Court feels that the conclusion...-in its original opinion: (namely that the Court believes it may award remedies to injured employees consistent with the spirit and objectives of (U.S.) Federal Legislation, where the facts of the case make it appropriate to do so), is neither 80 startling nor so unreasonable as it may appear at first reading. This Court does not claim to possess any unique blanket power to create unheard-of remedies, but in view of the Congressional legislation and the almost universal adoption of the compensation principle in American law, the Court feels its assertion of power to grant relief in this case is not entirely without warrant of law, and perhaps it may be fairly considered that the Court is here either substantially applying the laws of the United States or else supplying an "appropriate and sufficient remedy in a situation where the laws extended to this jurisdiction have proved deficient".
Both Chinese and foreign enterprises. have continued to pay com~ Pensation for death in the. perform free of duly. The Increased price of commodities has as one result the net that funeral expenses have increased. IL is not possible to meet extenses with the $50 provided in the Chinese Government Factory Act Compensation payments of $400 to '$600 have been made in cases of fatal heeldents, One Chinese owner paid, bs he said "in accordance with Chap-lor IX, Article 45, Parageaph 3 of the Factory Act, namely $200, plus two years" average wanes, plus $50 for funeral expenses, a total of $740,
Text read from the printed page and cleaned; old type leaves the occasional error.