Stine v. Weiner’s Empirical Analysis

Citation profile

2 federal appellate · 3 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Contributing employer relieved from liability for injury to employee. — Where a local or out of state employer has secured the payment of compensation to his employees by contributing premiums to the fund, the employee, and the parents of a minor employee, or the representatives or beneficiaries of either, shall have no right of action against such contributing employer or against any agent, servant, or other employee of such employer for damages for personal injuries, but shall look solely to the fund for compensation.” 2 (Italics supplied.)”

   2 later decisions quote this exact passage
   e.g. Trautman v. Standard Oil Co. of Indiana, American Oil Division · Latendresse v. Preskey

2. ““Considering the obvious differences in the Workmen’s Compensation benefits of the states of Montana and North Dakota at the time the claimant’s rights accrued, that these differences were not pointed out to the claimant nor known by him at the time he filed his claim with Montana, that the claimant had very recently undergone serious brain surgery and was still recuperating from that surgery as well as from his other injuries at the time he was asked to file the claim with the Industrial Accident Board of Montana, that the North Dakota Legislature intended by the 1955 Amendment to Section 65-05-05 N.D.C.C., to prevent duplicate benefits, and since allowing the claim in the instant case will not permit a duplication of benefits, we conclude that § 65-05-05, N.D.C.C., does not prevent the Workmen’s Compensation Bureau from considering the claim filed in this case.””

   1 later decision quote this exact passage
   e.g. United States Fidelity & Guaranty Co. v. North Dakota Workmen's Compensation Bureau

3. ““Unlike Bekkedahl , however, the instant case does not present an issue of whether or not Stine is entitled to additional benefits under the North Dakota Workmen’s Compensation Act. Rather, we are confronted with a question of remedies — whether Stine can pursue both his workmen’s compensation claim in New York and a common-law action against Weiner in North Dakota. We must, therefore, determine whether or not the policy of North Dakota, as reflected by our workmen’s compensation statutes, is obnoxious to the workmen’s compensation policy of New York — which would preclude this suit and permit dismissal of the action.” 238 N.W.2d 924 .”

   1 later decision quote this exact passage
   e.g. Trautman v. Standard Oil Co. of Indiana, American Oil Division