Moeser v. Shunk’s Empirical Analysis

Citation profile

4 district · 48 state decisions

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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The statute does not attempt in any way to determine the rights or liabilities of the employee in respect to a person not his employer. It does not repeal the statute providing for an action for wrongful death . . . . , nor does it take away from an employee his common-law right of action for injury to the person against one not his employer who by negligence has caused the death or injury. When one not the employer causes injury to a workman, it is really none of his concern whether the person injured has an estate, or has life insurance, or accident insurance, nor what his contract of employment may be with his employer; these things neither increase nor decrease his liability. To hold otherwise would, in a sense, be to license reckless persons negligently to injure an employee working under the Compensation Act, without liability, though a similar injury to another person would create liability. ’ ’”

   5 later decisions quote this exact passage · from the majority
   e.g. Lebak v. Nelson · Jolley v. United Power & Light Corp.

2. ““The employer could not fix the amount of compensation by making a few payments which the workman accepted, and compensation has not been ascertained, settled or provided for by agreement, arbitration, action or conduct of the parties. The statutory election is not between proceedings, but between compensation, agreed to or established, and damages. The workman can receive but one satisfaction. This was plainly stated in the cited case. (Swader v. Flour Mills Co., supra.) But, as the court held, he is not required to elect until he knows definitely which source of recompense for his injury is more advantageous. Meanwhile it is of no concern to the wrongdoer that some payments are made and accepted by way of compensation. His liability for damages is not abated, and should the workman recover and receive compensation in full the liability subsists in favor of the person paying the compensation, who, by express terms of the statute, is subrogated to the workman’s right to damages to the extent of compensation paid.” (p. 478.)”

   1 later decision quote this exact passage · from the majority
   e.g. Jolley v. United Power & Light Corp.

3. ““. . . But the question still remains, Why should that concern the defendant in this case any more than the amount of property plaintiff inherited from her husband at the time of his death, or the amount of life, health or accident insurance he left her? If defendant’s negligence was the cause of the death of plaintiff’s husband, defendant is liable to plaintiff in damages. That is the issue for trial in this case, and the court does not have before it other property rights of the plaintiff. After a judgment is obtained by plaintiff against defendant in this case — if one be obtained — and defendant is ready to pay the judgment, then it will be proper for defendant to inquire if Hamilton or his insurer is entitled to the money, but until that time defendant has no concern with the contract of employment between plaintiff’s husband and his employer, nor with the contract pleaded.’’ (p. 259.) (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. Barker v. Zeckser