Public-domain · open source
OpenJurist
← 178 F.2d 349 - Fore v. Southern Ry. Co.

Fore v. Southern Ry. Co.’s Empirical Analysis

178 F.2d 349 · 1949

Citation profile

12
cited by 12 later decisions
3
states following
November 1955
most recently cited

7 federal appellate · 4 state decisions

Relationships

Relies on Tennant v. Peoria & Pekin Union Railway Co. · Brady v. Southern Railway Co. · Tiller v. Atlantic Coast Line Railroad · Wilkerson v. McCarthy · Galloway v. United States

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

  1. ““The Federal Employers’ Liability Act does not make the employer the insurer of the safety of his employees while they are on duty, but makes the basis of the employer’s liability his negligence, not the fact that injuries occur, and his negligence must in whole or in part he the cause of the injury. Federal Employers’ Liability Act, § 1 et seq., as amended, 45 U.S. C.A. § 51 et seq. “The weight of the evidence under the Federal Employers’ Liability Act must be more than a scintilla before the case may 'be properly left to the discretion of the jury. Federal Employers’ Liability Act, § 1 et seq., as amended 45 U.S.C.A., § 51 et seq. “Where evidence in case under Federal Employers’ Liability Act is such that without weighing the credibility of the witnesses there can be but one reasonable conclusion as to the verdict, the court should determine the proceeding by non-suit, directed verdict or otherwise. Federal Employers’ Liability Act, § 1 et seq., as amended, 45 U.S.C.A. § 51 et seq.””
    1 later decision quote this exact passage · from the majority
  2. ““On the other hand, the Supreme Court has made it crystal clear that under the Act the employer is not an'insurer and that the injured employee can recover only upon proof of negligence on the part of the employer which is the proximate cause of the injury to the employee. * * *””
    1 later decision quote this exact passage · from the majority

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.