Public-domain · open source
OpenJurist
← 125 Vt. 481 - Herbert v. Layman

Herbert v. Layman’s Empirical Analysis

1966

Citation profile

39
cited by 39 later decisions
5
states following
January 2025
most recently cited

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

1301966197019801990200020102020decided

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.

  1. “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
  2. ““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 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.