Clifford v. Eacrett’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 33 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When the injury ... for which compensation is payable under this act was caused under circumstances creating a legal liability against some person other than the employer to pay damages, the injured workman, . . . shall have the right to take compensation under the act and pursue his . . . remedy by proper action in a court of competent jurisdiction against such other person. In the event of recovery from such other person by the injured workman, ... by judgment, settlement or otherwise, the employer shall be subrogated to the extent of the compensation and medical aid provided by him to date of such recovery and shall have a lien therefor against such recovery and the employer may intervene in any action to protect and enforce such hen. Such action against the other party, if prosecuted by the workman, must be instituted within one year from the date of the injury, . . .””

   1 later decision quote this exact passage · from the majority
   e.g. Babcock v. Dose

2. ““The provisions of G. S. 1945 Supp. 44-504 examined and construed in connection with former statutory provisions on the same subject and held: (a) It was intended to retain for an injured workman, his dependents and personal representatives, the right to compensation provided by the workmen’s compensation act and to grant the additional right to pursue his or their remedy for damages against any third party whose negligence was the legal cause of the injury; and (b) the recovery by the workman of a judgment for damages against such third party was not intended to preclude his collection of subsequent workmen’s compensation under the terms and provisions of that act.””

   1 later decision quote this exact passage · from the majority
   e.g. Babcock v. Dose

3. ““. . . Appellants emphasize the fact that the judgment in the damage action was for all damages sustained. They argue it would constitute double recovery to permit the workman to also recover compensation for the same injury. If some double compensation actually results we know of nothing to prevent the legislature from authorizing its recovery from two parties where the liability of one party arises under the compensation law, which is a liability arising on contract (Moeser v. Shunk, 116 Kan. 247 , 226 Pac. 784 ), and the other from an invasion of common-law rights. . . .” (p.476.)”

   1 later decision quote this exact passage · from the majority
   e.g. Babcock v. Dose