175 W. Va. 77 - Kane v. Corning Glass Works’s Empirical Analysis
1985
Citation profile
14 state decisions
How this case has been cited
Cited by 15 later decisions — most recently October 2013
14 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
Relies on 163 W. Va. 332 - Bradley v. Appalachian Power Co. · 128 W. Va. 299 - Yuncke v. Welker · Mandolidis v. Elkins Industries, Inc. · 158 W. Va. 741 - Long v. City of Weirton · 147 W. Va. 825 - Walker v. Monongahela Power Company
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Under Mandolidis v. Elkins Industries, Inc., [ 161 W.Va. 695 ], 246 S.E.2d 907 [ 96 A.L.R.3d 1035 ] (1978), it is essential, in order for an injured employee to recover, that the employer’s misconduct must be of an intentional or wilful, wanton and reckless character, that the employer must have knowledge and appreciation of the high degree of risk of physical harm to another created by such misconduct, and, of course, that the employer’s action must be the proximate cause of the injury.” Syllabus, Cline v. Joy Mfg. Co., [172] W.Va. [769], 310 S.E.2d 835 (1983).”
3 later decisions quote this exact passage“If injury or death result to any employee from the deliberate intention of his employer to produce such injury or death, the employee, the widow, the widower, child or dependent of the employee shall have the privilege to take under this chapter, and shall also have cause of action against the employer, as if this chapter had not been enacted, for any excess of damages over the amount received or receivable under this chapter.”
1 later decision quote this exact passage · from the dissent“Upon a motion to direct a verdict for the defendant, every reasonable and legitimate inference fairly arising from the testimony, when considered in its entirety, must be indulged in favorably to the plaintiff; and the court must assume as true those facts which the jury may properly find under the evidence, (citations omitted)”
1 later decision quote this exact passage · from the dissent
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.