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← 139 KAN 173 - Finck v. Galloway

Finck v. Galloway’s Empirical Analysis

1934

Citation profile

12
cited by 12 later decisions
1
states following
April 1946
most recently cited

12 state decisions

Relationships

Relies on McNicol's Case · Cox v. Kansas City Refining Co. · Willis v. State Industrial Commission · Bevard v. Skidmore-Patterson Coal Co. · Sellers v. Reice Construction 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 12 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.)”
    1 later decision 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.