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← 107 Ind. App. 96 - McDermid v. Pearson Co., Inc.

107 Ind. App. 96 - McDermid v. Pearson Co., Inc.’s Empirical Analysis

1939

Citation profile

7
cited by 7 later decisions
2
states following
July 1976
most recently cited

7 state decisions

How this case has been cited

Cited by 7 later decisions — most recently July 1976

7 state decisions

4019391940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Vonnegut Hardware Co. v. Rose · Indianapolis Abattoir Co. v. Bryant

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““The statute under which appellee seeks to invoke its right to an autopsy provides as follows: (§ 40-1227 Burns 1933, § 16403 Baldwin’s 1934) ‘The employer, or the industrial board, shall have the right in any case of death to require an autopsy at the expense of the party requiring same.’ This section of the statute does not provide unconditionally the right to an autopsy in all events. It recognizes by implication that there must be a necessity for such autopsy and that a demand therefor should be made at a reasonable time and place. Vonnegut Hardware Co. v. Rose (1918), 68 Ind. App. 385 , 120 N.E. 608 . “Obviously it is not every case in which there is need for an autopsy. Furthermore, such right should be exercised with the greatest of caution in cases where the request for the autopsy has been made after interment has taken place, so that relatives of the deceased may not be caused any more mental distress than is absolutely necessary in view of all the circumstances. “Generally speaking, it is usually a question of fact and is, in the first instance, within the province of the Industrial Board to determine whether or not the demand for an autopsy was made at a reasonable time and place. We are inclined to the view that under the facts in the instant case appellee did not make a request within a reasonable time and thereby waived his right to an autopsy; and we so hold.” ( 107 Ind. App. at 99, 101 .)”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.