Mountain Timber Company v. State of Washington’s Empirical Analysis

Citation profile

55 federal appellate · 41 district · 303 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 680 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Harris recognizes that the crucial inquiry under the Fourteenth Amendment is whether it clearly appears to be not a fair and reasonable exertion of governmental power, but so extrava gant or arbitrary as to constitute an abuse of power. All reasonable presumptions are in favor of its validity, and the burden of proof and argument is upon those who seek to overthrow it.”

   22 later decisions quote this exact passage · from the majority
   e.g. New York Central Railroad v. Bianc · Arizona Employers' Liability Cases

2. ““In that the intent is that the fund created under this section shall ultimately become neither more nor less than self-supporting, exclusive of the expense of administration, the rates named in this section are subject to future adjustment by the industrial insurance department, in accordance with any relative increase or decrease in hazard shown by experience, and if in the judgment of the industrial insurance department the moneys paid into the fund of any class or classes shall be insufficient to properly and safely distribute the burden of accidents occurring therein, the department may divide, rearrange or consolidate such class or classes, making such adjustment or transfer of funds as it may deem proper.””

   3 later decisions quote this exact passage · from the majority
   e.g. Mud Bay Logging Co. v. Department of Labor & Industries · 22 Wash. 2d 423 - Boeing Aircraft Co. v. Department of Labor & Industries

3. ““The legislature has adopted the idea of industrial insurance, and seen fit to make that idea a workable one by putting its execution, as well as its administrative features, in the hands of a commission. It has abolished rights of actions and defenses and in certain cases denied the right of trial by jury. The legislature has said to the man whose business is a dangerous one and the operation of which may bring injury to an employee, that he cannot do business without waiving certain rights and privileges heretofore enjoyed, and it has said to the employee that, inasmuch as he may become dependent upon the state, that he must give up his personal right of contract when about to engage in a hazardous occupation and contract with reference to the law. These demands are the fundamentals of our industrial insurance law. If the law is not administered as therein provided, it is not likely that a compulsory law such as it is could ever be adequately administered; for, aside, from its humane purpose, it was adopted in order that the delay and frequent injustice incident to civil trials might be avoided. “ ‘The remedy of the workman has been uncertain, slow and inadequate. Injuries in such works, formerly occasional, have become frequent and inevitable.’ Laws 1911, page 345. “To uphold the law in the sense of sustaining the idea of industrial insurance, and to deny the right of executing it without the intervention of the courts, would throw us back on the original ground and we sho”

   2 later decisions quote this exact passage · from the majority
   e.g. Mud Bay Logging Co. v. Department of Labor & Industries · State Ex Rel. Crabb v. Olinger