Allsep v. DANIEL CONST. CO.’s Empirical Analysis
1950
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently March 2006
10 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 McNicol's Case · Matter of Leonbruno v. . Champlain Silk Mills · Eargle v. South Carolina Electric & Gas Co. · Chambers v. . Oil Company · 8 Smith & H. 376 - Borden Mills, Inc. v. McGaha
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises ‘out of the employment. But it excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause and which comes from a hazard to which the workmen would have been equally exposed apart from the employment. The causative danger must be peculiar to the work and not common to the neighborhood. It must be incidental to the character of the business and not independent of the relation of master and servant. It need not have been foreseen or expected, but after the event it must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a rational consequence. (Emphasis supplied.) (Citation omitted.)”
1 later decision quote this exact passagee.g. Jones v. Pontiac“Courts generally distinguish between aggressors or instigators, who are not compensated when injured, and nonparticipating victims or innocent bystanders who are compensated.”
1 later decision quote this exact passagee.g. Jones v. Pontiac
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.