Herbert v. Layman’s Empirical Analysis
1966
Citation profile
8 district · 29 state decisions
How this case has been cited
Cited by 39 later decisions — most recently January 2025 · most notably Deems v. Western Maryland Railway Co. (1967), State Ex Rel. Badami v. Gaertner (1982)
8 district · 29 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 Bresnahan v. Barre · Murphy v. Miettinen · Merchants Mutual Casualty Co. v. Tuttle · Quinn v. Pate · Caira v. Caira
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where the injury for which compensation is payable under the provisions of this chapter was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, the acceptance of compensation benefits ... shall not act as an election of remedies, but the injured employee... may also proceed to enforce the liability of such third party for damages ....”
3 later decisions quote this exact passage““The defendants strongly urge that to permit recovery here against co-employees will produce undesirable results. There is force in this contention, but as we have often held, such a question of policy is for the legislature and not for this court. . . . If a statute seems unfair or unjust the remedy must be sought in a legislative change or modification. It cannot be furnished by judicial action in the guise of interpretation. Quinn v. Pate, 124 Vt. 121, 127 , 197 A.2d 795 .””
1 later decision quote this exact passagee.g. Stine v. Weiner
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.