Webster v. Clodfelter’s Empirical Analysis
130 F.2d 434 · 1942
Citation profile
6 federal appellate · 4 district · 4 state decisions
How this case has been cited
Cited by 22 later decisions — most recently September 1967
6 federal appellate · 4 district · 4 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 Claim of Zirpola v. T. & E. Casselman, Inc. · Phoenix Indemnity Co. v. Staten Island Rapid Transit Railway Co. · United States Fidelity & Guaranty Co. v. Graham & Norton Co. · Chapman v. Griffith-Consumers Co. · United States Fidelity & Guaranty Co. v. Graham & Norton Co.
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We think the cause of action against third parties for the benefit of next,of kin is unchanged by the 'Compensation Act except to the extent that the act substitutes the carrier, upon the execution of appropriate assignments, to the distributive shares of next of kin who claim as dependents also. The Compensation Act did not create a new cause of action against wrongdoers other than the employer with a new class of beneficiaries. It found a cause of action already in existence, and assuming that this cause of action would continue in the future, it fixed the extent to which the shares that belonged to the dependents should be applied in reduction of the burdens that were placed upon the carrier. Those entitled to death benefits might elect to take the benefits at once, in which event they were to subrogate the carrier to the extent of their interest in whatever rights of action they had against persons other than the employer. * * * It leaves untouched * * * the duties and liabilities of wrongdoers outside of the relation, which it regulates, and contents itself with guarding against a duplication of benefits by appropriate provisions for subrogation or allowance.””
1 later decision quote this exact passagee.g. Tate v. Nelson
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.