Maiorano v. Baltimore & Ohio Railroad’s Empirical Analysis

Citation profile

28 federal appellate · 8 district · 16 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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““That part of the elective Workmen’s Compensation Act of Pennsylvania [Pa. St. 1920, § 21916 et seq.] which denies compensation to alien parents not residents of the United States, is not, as applied to a case of death without negligence or fault, at variance with the Treaty with Italy, which guarantees that the citizens of each country shall receive in the states and territories of the other the 'protection granted by any state or national law which establishes a civil responsibility for injuries or for death caused by negligence or fault and gives to relatives or heirs of. the injured party a right of action, which right shall not be restricted on account of the nationality of said relatives or heirs.’ ””

   3 later decisions quote this exact passage · from the majority
   e.g. Asakura v. City of Seattle · De Biasi v. Normandy Water Co.

2. “ARTICLE VI. "It is likewise agreed, that it shall be wholly All merchants, free for all merchants, commanders of ships, and &c. placed on other citizens or subjects of both countries, to the most manage themselves their own business, in all ports favored and places subject to the jurisdiction of each footing. other, as well with respect to the consignment and sale of their goods and merchandize by wholesale or retail, as with respect to the loading, unloading and sending off their ships; they being in all these cases to be treated as citizens or subjects of the country in which they reside, or at least to be placed on a footing with the subjects or citizens of the most favored nation. ". . . . "ARTICLE XII. "Both the contracting parties promise and Special engage formally to give their special protection protection to to the persons and property of the citizens and persons and subjects of each other, of all occupations, who property. may be in their territories, subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial intercourse, on the same terms which are usual and customary, with the natives or citizens and subjects of the country in which they may be; for which they may employ, in defence of their rights, such advocates, solicitors, notaries, agents, and factors, as they may judge proper in all their trials at law.”

   1 later decision quote this exact passage · from the majority
   e.g. Vaz Borralho v. Keydril Co.

3. ““If an Italian subject, sojourning in this country, is himself given all the direct protection and security afforded by the laws to our own people, including all rights of action for himself or his personal representatives to safeguard the protection and security, the treaty is fully complied with, without going further and .giving to his nonresident alien relatives a right of action for damages for Ms deathj although such action is afforded to native resident relatives, and although the existence of such an action may indirectly- promote his safety.””

   1 later decision quote this exact passage · from the majority
   e.g. McGovern v. Philadelphia & R. Ry. Co.