Pope Mining Co. v. Brown’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Section 4956, Kentucky Statutes, provides that, when an employer accepts the provisions of the act, he must do it in writing, and the writing must be signed by him. It thus appears, that the statute has prescribed a specific mode for the acceptance of the provisions of the law by both the employer and the employee. In each instance it requires their signatures to the notice required of that fact. It will be presumed that this mode of acceptance is required that there may be no uncertainty upon the subject, which would arise if an election was left' to the uncertain recollections of witnesses and oftentimes the misunderstood declarations of the parties. Section 4958, Kentucky Statutes, requires the written evidence of the election of the employees to be preserved, under a penalty for their willful destruction or secretion, erasure, or obliteration. While section 4957, supra, provides that the ‘identification of such signature or mark of the employee shall constitute conclusive proof of his election to operate under the provisions of the act,’ it is not held that proof of the election of an employee may not be shown by any other competent evidence than exhibition of the signature, where same cannot be shown for any reason, but it seems that, before an employee can be considered to have elected to accept the provisions of the act, it must be proven substantially that he made the election in writing by signing a declaration to that effect.”'”

   1 later decision quote this exact passage
   e.g. McClary v. McClary