Hurley v. Lowe’s Empirical Analysis
168 F.2d 553 · 1948
Citation profile
29 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 35 later decisions — most recently November 2005 · most notably Wheatley v. Adler (1968), Dixie Sand & Gravel Corp. v. Holland (1958)
29 federal appellate · 2 district · 1 state decisions
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.
Relationships
Applies 33 U.S.C. § 901 · 33 U.S.C. § 902 · 33 U.S.C. § 921
Relies on Cardillo US v. Liberty Mut Ins Co · Anniston Mfg Co v. Davis · Voehl v. Indemnity Ins Co of North America · Ex Parte Allen · Ward v. Cardillo
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Seemingly, the Deputy Commissioner based his conclusion upon the stipulated fact that the dinner ‘was of social character’, since he coupled his finding of that fact with his ultimate conclusion, in the same sentence. He apparently acted upon the principle that ‘the course of employment’ in the statute does not include incidents ‘of social character’. But we do not think that ‘social character’ necessarily puts an act outside the course of one’s employment; luncheons for customers or clients have ‘social character’. The correct criterion is the involvement of the incident in the employment. The meaning of the statutory term, apart from any particular set of facts, is a question of law. “But, while we think that the Deputy Commissioner was in error as to the legal content of the term ‘in the course of employment’ in the statute, we cannot say that his view is ‘forbidden by the law’ or without any reasonable legal basis. This state of mind is a common experience, since disagreeing judges upon the same court, while thinking their contrary brethren to be in error, rarely think the other view forbidden by law or without any reasonable basis in law. It follows that under the decision in Cardillo v. Liberty Mutual Co., supra, as we understand it, we must affirm the judgment of the District Court in dismissing the complaint. If we are in error in our understanding of the Cardillo case, we hope the error will be corrected by further expression by the Supreme Court. The statute involv”
1 later decision quote this exact passage · from the majoritye.g. Wetzel v. Britton
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.