Dudley v. Community Public Service Co.’s Empirical Analysis
108 F.2d 119 · 1939
Citation profile
11 federal appellate · 1 state decisions
How this case has been cited
Cited by 25 later decisions — most recently September 2010 · most notably Inc v. Miller Brewing Company (1981), Travis v. Irby (2003)
11 federal appellate · 1 state decisions
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 Chesapeake & Ohio Railway Co. v. Cockrell · Mecom v. Fitzsimmons Drilling Co. · Fort Worth Elevators Co. v. Russell · Gay v. Ruff · Morton Salt Co. v. Wells
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * We therefore hold that on the allegations of the petition there appears to be a probable case in law against Short, as well as against the Community Public Service Company, notwithstanding the application to them of the Compensation Act. By consequence it does not appear that Short was fraudulently joined. See Chesapeake & Ohio Ry. Co. v. Cockrell, 232 U.S. 146 , 34 S.Ct. 278, 58 L.Ed. 544. That the defeat of removal might have been a motive in joining Short is not important, if in good faith he is sought to be held liable. Mecom v. Fitzsimmons Drilling Co., 284 U.S. 183 , 52 S.Ct. 84, 76 L.Ed. 233, 77 A.L.R. 904, and cases cited. Though for lack of an exact precedent there may be doubt whether Short is legally liable, that would not render his joinder fraudulent. Morris v. E. I. Dupont Co., 8 Cir., 68 F.2d 788; Wells v. Missouri Pac. R. Co., 8 Cir., 87 F.2d 579. The case ought to have been remanded for trial in the State courts.”
2 later decisions quote this exact passage · from the majority“Dudley's representatives could sue neither [the superintendent] nor the common employer.”
2 later decisions quote this exact passage · from the majority“there could be no right of action against”
2 later decisions quote this exact passage · from the majority
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.