Penker Const. Co. v. Cardillo’s Empirical Analysis
118 F.2d 14 · 1941
Citation profile
3 federal appellate · 9 state decisions
How this case has been cited
Cited by 13 later decisions — most recently January 2012
3 federal appellate · 9 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 Hartford Accident & Indemnity Co. v. Cardillo · Maryland Casualty Co. v. Cardillo · Maryland Casualty Co. v. Cardillo · Hartford Accident & Indemnity Co. v. Hoage · Tennessee Consolidated Coal Co. v. United States
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““An assault by a stranger, and a fortiori by a fellow employee, clearly arises out of the employment where, as here, the employment provides the motive for the assault. Wilder was killed because he had employment for which he refused to pay a fee. That he was under no obligation to pay is immaterial. The case is like Maryland Casualty Company v. Cardillo, 69 App.D.C. 199 , 99 F.2d 432 . There the employment led to a criticism which led to an attack; here the employment led to a demand and refusal which led to an attack. The finding that ‘the employment * * * was responsible for the assault’ is equivalent to a finding that the injury was ‘caused by the willful act of a third person directed against an employee because of his employment’. The statute makes such an injury compensable.””
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.