Mitchell v. The Etna’s Empirical Analysis
138 F.2d 37 · 1943
Citation profile
71 federal appellate · 8 district · 13 state decisions
How this case has been cited
Cited by 124 later decisions (2 by the Supreme Court) — most recently January 2005 · most notably Edmonds v. Compagnie Generale Transatlantique (1979), Bloomer v. Liberty Mutual Insurance (1980)
71 federal appellate · 8 district · 13 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
Applies 33 U.S.C. § 903 · 33 U.S.C. § 907 · 33 U.S.C. § 914 · 33 U.S.C. § 932 · 33 U.S.C. § 933
Relies on Chapman v. Hoage · The Propeller Monticello v. Gilbert Mollison · Toomey v. Waterman S. S. Corp. · Mason v. Marine Ins. Co. · Mitchell v. Etna
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 124 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * We find no intent indicated by the Act to take away from the employer who pays compensation without an award his right to reimbursement out of his employee’s recovery from third persons. On the contrary, we think that the intent and scheme of the Act requires that the employer’s right to subrogation for compensation payments made in the circumstances here shown be recognized wholly apart from and without regard for the assignment provided for in Sec. 33(b) of the Act. It is only the right of control of the employee’s right of action against third persons which an employer foregoes by paying compensation without an award. His right to reimbursement out of the recovery for the employee’s injury remains unaffected.””
7 later decisions quote this exact passage · from the majority““ (1) Compensation under this Act shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability to pay compensation is controverted by the employer.””
4 later decisions quote this exact passage · from the majority“(b) Acceptance of (statutorily fixed) compensation under an award in a compensation order filed by the deputy commissioner or (Benefits Review) Board shall operate as an assignment to the employer of all right of the person entitled to compensation to recover damages against such third person unless such person shall commence an action against such third person within six months after such award.”
3 later decisions quote this exact passage · from the majority
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.