Stapleton v. Fork Junction Coal Co.’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““That part of the compensation act applicable to this case is contained in KRS 342.005, the pertinent part thereof reads: 'It shall affect the liability of the employers subject thereto to their employes for a personal injury sustained by the employe by accident arising out of and in the course of his employment, * * “In determining the meaning to be given this section of the Act, this Court has held that the words ‘in the course of’ have reference to the time, place and circumstances, while the words ‘arising out of’ the employment relate to the cause or source of the accident; that the terms ‘out of’ and ‘in the course of’ are not synonymous and if either of these element's is absent, there can be no recovery. Phil Hollenbach Co. v. Hollenbach, 181 Ky. 262 , 204 S.W. 152 , 13 A.L.R. 524 ; January-Wood Co. v. Schumacher, 231 Ky. 705 , 22 S.W.2d 117 ; 28 R.C.L. section 91, p. 801. “Application of this section of the Act was made and discussed in the following cases: Harlan Collieries Co. v. Shell, Ky., 239 S.W.2d 923 ; Bluegrass Pastureland Dairies v. Meeker, 268 Ky. 722 , 105 S.W.2d 611 ; Allburn Coal Corporation v. Wilson, 222 Ky. 740 , 2 S.W.2d 365 . “The burden of proof was upon appellant. Howard v. Dawkins Log & Mill Co., 284 Ky. 9 , 143 S.W.2d 741 ; A. C. Lawrence Leather Co. v. Barnhill, 249 Ky. 437 , 61 S.W.2d 1 ; Schneider on Workmen’s Compensation Law, Second Edition (1932) Volume 1, section 295. The fact that appellant was injured on appellee’s premises does not ip”

   1 later decision quote this exact passage
   e.g. Wilke v. University of Louisville