Schmidt v. Multnomah Operating Co.’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It will be observed that in our employers’ liability act foremen are expressly charged with the duty of seeing to it ‘that the requirements of this act are complied with’. Its authors evidently believed that its objectives would be better achieved by imposing the duties created by it not only upon owners and contractors but also upon all vice-principals. The statute makes no distinction between the duty of the one and of the other. The duties of principal and of vice-principal are equal. The plaintiff, as the defendant’s vice-principal, owed a statutory duty to see to it that the acts of negligence charged in the complaint did not occur. For a violation of his statutory duty he was subject to a penalty which, as the act states, ‘shall not affect or lessen the civil liability of such persons’, referring, among others, to vice-principals. “It seems evident that one who has violated a statutory duty can not have a statutory right of action to secure redress. We believe that the federal circuit court of appeals, in Marks v. Bauers, supra, correctly construed our employers’ liability act.””

   1 later decision quote this exact passage
   e.g. Straub v. Oregon Electric Ry. Co.