Keith v. Wheeling & L. E. Ry. Co.’s Empirical Analysis

Citation profile

15 federal appellate · 5 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * the authority of courts by direction of a verdict, to withdraw from the consideration of a jury matter bearing upon the question of the defendant’s negligence and its proximate relation to the injury is now very restricted indeed.””

   2 later decisions quote this exact passage · from the majority
   e.g. Masiglowa v. New York, Chicago & St. Louis Railroad · Perkoski v. New York, Chicago & St. Louis Railroad

2. ““The assumption of risk clause in the statute,became the subject of endless litigation. * * Aside from the difficulty of distinguishing between contributory negligence and assumption of risk many other problems arose. One of these was the application of the ‘primary duty rule’ in which contributory negligence through-violation of a company rule became assumption of risk. # * [Citing the Unadilla Valley R. Co. and Davis cases, supra.] Other complications arose from the introduction of ‘promise to repair,’ ‘simple tool,’ and ‘peremptory order’ concepts into the assumption doctrine. * * :Xi It was this maze of law which Congress swept into discard with the adoption of the 1939 amendment to the Employers’ Liability Act, releasing the employee from the burden of assumption of risk by whatever name it was called. The result is an Act which requires cases tried'under the Federal Act to be handled as though no doctrine of- assumption of risk had ever existed. ’ ’”

   1 later decision quote this exact passage · from the majority
   e.g. Rogers v. Thompson