Denning v. State’s Empirical Analysis

Citation profile

2 district · 55 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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Here the contract of employment has nothing whatever to do with the liability except to create a duty on the part of the employer, a duty not expressed in the contract, and for the violation of which the contract of employment furnishes no rule or standard for the estimation of damages; nor is the action grounded upon the contract, but upon the duty springing from the relation created by it, viz., that of employer and employee, and under the old system of pleading was always classed as an action ex delicto.””

   2 later decisions quote this exact passage
   e.g. Trimming v. Howard · Riddoch v. State

2. ““This statute has been considered by this court in at least two eases . . . and in both it was held that said statute did not create any liability or cause of action against the state where none existed before, but merely gave an additional remedy to enforce such liability as would have existed if the statute had not been enacted.””

   1 later decision quote this exact passage
   e.g. 108 Cal. App. 508 - Walker v. Department of Public Works

3. “* * * The fact that the board is authorized or required to collect tolls and charges for dockage and wharfage to such extent “as will enable the commissioners to discharge the duties required of them by the act” does not affect its character as a governmental agency. * * *”

   1 later decision quote this exact passage
   e.g. Platt v. Commissioner