24 So. 2d 511 - Custer v. Higgins Industries’s Empirical Analysis

Citation profile

2 federal appellate · 21 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “an unexpected or unforeseen event happening suddenly or violently, with or without human fault and producing at the time objective symptoms of an injury.”

   2 later decisions quote this exact passage
   e.g. Stuckey v. City of Alexandria · 151 So. 2d 587 - Seals v. Potlatch Forests, Inc.

2. “"Here, however, the medical evidence shows that the doctors evidently felt that there is even more than a probability that the progress of the tumor was accelerated by the occurrence. "Of course, the doctors do not say positively that such was the case, but if absolute certainty in such a case is to be required, then in many, if not in most cases of internal injuries, there can be no recovery, because seldom can a physician say with absolute certainty that such an internal injury was caused by a designated external happening. Where, here the record shows that the doctors are evidently of the opinion that the effect on which the claim is based is the result of the cause which is relied upon, we think that that opinion must be accepted. Particularly is this true where the sequence of events is so significant. Until March 2nd, 1944, the plaintiff was apparently perfectly healthy and normal. On that day the pressing of his elbows against the abdomen caused a sudden pain. Shortly thereafter, the pain became worse and it developed that he was suffering from a tumor, and with great rapidity the tumor grew and, in a few months, caused his death.”

   1 later decision quote this exact passage
   e.g. 86 So. 2d 613 - Lyons v. Swift & Company

3. “"The whole story evidences the fact that the happening on that day accelerated the growth of the tumor. If it did, there can be no doubt of the right to recover, because for many years it has been held that, even though the accident might not have produced disability except for the condition of the employee, nevertheless, there can be recovery if the accident accelerated or lighted up the dormant physical condition and thus produced disability. In Behan v. John B. Honor Co., 143 La. 348 , 78 So. 589 , L.R.A.1918F, 862, the Supreme Court found that the employee had suffered from locomotor ataxia long prior to the accident and that the accident caused `the immediate change in his physical condition * * *.' The court then found that the accident had thus caused `the disability of which he complains' and held that the employee was entitled to compensation. That result has been followed in this State ever since."”

   1 later decision quote this exact passage
   e.g. 86 So. 2d 613 - Lyons v. Swift & Company