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← 151 LA 971 - Sears v. Peytral

Sears v. Peytral’s Empirical Analysis

1922

Citation profile

29
cited by 29 later decisions
1
states following
August 2004
most recently cited

29 state decisions

How this case has been cited

Cited by 29 later decisions — most recently August 2004 · most notably Kern v. Southport Mill, Ltd. (1932), McClendon v. Louisiana Central Lumber Co. (1931)

29 state decisions

140192219301940195019601970198019902000decided

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.

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. ““Plaintiff was employed by defendant to work for him in connection with a marble yard he was operating in this city. In February, 1920, he was ordered to go with several others in a truck to get a piece of granite. In going on this mission for his master, he sat on the floor of the truck, and permitted his legs to hang over the side. While sitting in that position, the truck reached a hole in the street, and the driver, in seeking to avoid it, passed near a water plug, which struck one of plaintiff’s legs and broke it. “During the course of plaintiff’s treatment, defendant sent him from time to time sums of money aggregating $112.50. Thereafter he sent him nothing more. Plaintiff then instituted this suit under the Employers’ Liaoility Act, praying for judgment against defendant for $16 a week for 300 weeks, subject to credit of the $112.50 above mentioned. “The record leaves no doubt that plaintiff was injured in the manner stated. The weight of the evidence shows that the smaller bone in the right leg, about midway between the knee and the ankle, was broken. Defendant, however, urges that the accident did not arise out of the employment, because it resulted from a disobedience of orders, but, if it should be held otherwise, then that he still is not liable,- because plaintiff deliberately failed to use an adequate protection or guard against accident provided for that purpose. “It seems that there was a small sign on the truck cautioning employees, to keep their hands and f”
    2 later decisions 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.