Peak Drilling Co. v. Halliburton Oil Well Cementing Co.’s Empirical Analysis
215 F.2d 368 · 1954
Citation profile
28 federal appellate · 8 district · 15 state decisions
How this case has been cited
Cited by 70 later decisions — most recently November 2008 · most notably United Air Lines, Inc. v. Wiener (1964), General Electric Company, and Third-Party v. Kelly C. Moretz, and Mason & Dixon Lines, Inc., Third-Party (1959)
28 federal appellate · 8 district · 15 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
Relies on Union Stock Yards Company of Omaha v. Chicago Burlington Quincy Railroad Company · Baugh v. Rogers · Westchester Lighting Co. v. Westchester County Small Estates Corp. · Slattery v. Marra Bros. · Crawford v. Pope & Talbot, Inc.
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* * * any right to indemnity by an employer must arise out of an independent legal relationship between employer and indemnitee. This relationship must create liability apart from a duty owed to employee by indemnitee and employer to keep the employee from harm’s way. Absent this legal relationship and resulting duty no right to indemnity exists. The Court took the view the third party complaint therein involved was barred by the exclusionary provisions of the Act as it lacked that necessary independent legal relationship.””
5 later decisions quote this exact passage · from the majority““But the exclusionary provisions of workmen’s and longshoremen’s acts have been consistently construed to preclude the right of indemnity to one negligently liable to an employee of an employer in the absence of some independent contractual relationship creating a duty on the part of the employer to indemnify. American Mutual Liability Insurance Co. v. Matthews, 2nd Cir., 182 F.2d 322 ; LoBue v. United States, 2nd Cir., 188 F.2d 800 ; Crawford v. Pope & Talbot, Inc., 3rd Cir., 206 F.2d 784 ; Hunsucker v. High Point Bending & Chair Co., 237 N.C. 559 , 75 S.E.2d 768 .””
2 later decisions quote this exact passage · from the majority““[0]ther workmen’s compensation acts have been held not to bar the right of indemnity founded upon a special legal relationship other than arising out of participation in a joint wrong to an injured party. Baugh v. Rogers, 24 Cal.2d 200 , 148 P.2d 633 , 152 A.L.R. 1043 ; Tabor v. Stewart, 277 App.Div. 1075 , 100 N.Y.S.2d 697 ; Gorham v. Arons, Sup. N.Y. County, 1947, 76 N.Y.S.2d 850 .””
2 later decisions 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.