Covert v. John Morrell & Co.’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The compensation act requires that- the injury ‘arise out of and in the course of’ the employment. Both elements must be present to justify a recovery. ‘Arising out of’ means that the accident came out of the employment and makes it- a condition precedent to the right to recover compensation, that the occurrence shall have resulted from the risk reasonably incident to the employment and that there be a causal connection. While not ordinarily essential that it be peculiar to the particular employment in which the workman was engaged at the time of the injury, it must arise out of a risk in some way peculiar to that in which he was engaged and not out of a hazard to which he would be equally exposed outside of the business.” (p. 593.)”

   6 later decisions quote this exact passage · from the majority
   e.g. Craig v. Electrolux Corporation · Tompkins v. George Rinner Construction Co.

2. ““This court has held that in order for the claimant to be entitled to compensation the accident must have arisen ‘out of the employment and happened ‘in the course of the employment. It arises ‘out of the employment when it is clear upon consideration of all the circumstances that there was a causal connection between the conditions under which work was required to be performed and the resulting injury. An injury which does not appear to have its origin in a risk connected with the employment, and cannot be shown to have flowed from the source as a natural consequence, does not arise ‘out of the employment. (Citing.) “The fact that the employee happened to be doing something incidental to or in connection with his work does not mean that the accident which happened to him arose ‘out of his employment.” (pp. 488, 489.) “When we review the above rules in the light of the circumstances of the case we are ’considering we are impelled to the conclusion that there was no causative connection between the fact that the deceased in this case had the money of his employer on his person when he was killed and his injury or accident would have occurred just the same had the money not been in his possession. The accident cannot be held to have arisen ‘out of the employment.” (p. 490.) ’”

   1 later decision quote this exact passage · from the majority
   e.g. Tompkins v. George Rinner Construction Co.

3. ““. . . It would seem to follow that if a workman cannot recover for injuries intentionally inflicted by a fellow employee over whom the employer presumably has some control, he is not entitled to compensation for malicious injury by a third person in no way connected with the employment and entirely outside the employer’s authority, unless there is some circumstance that, by reason of his employment, makes him peculiarly and especially subject to assault.”(p. 595.)”

   1 later decision quote this exact passage · from the majority
   e.g. Addington v. Hall