Simons v. Industrial Commission’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. “... was enacted by the legislature to remedy an evil brought to its attention by cases such as Gibbs Steel Co. v. Industrial Comm. (1943), 243 Wis. 375 , 10 N. W. 2d 130 , and Creamery Package Mfg. Co. v. Industrial Comm. (1933), 211 Wis. 326 , 248 N. W. 140 , where injuries sustained while taking a bath and illness contracted by traveling salesmen whose work required them to live away from home most of the time, were held not to be covered by the act.”

   1 later decision quote this exact passage
   e.g. 36 Wis. 2d 497 - Neese v. State Medical Society of Wisconsin

2. ““ ‘. . . it is essential, by some process or other to determine whether, at the outset, the trip in question was that of the employer or that of the employee. ... In case it is the employer’s trip and there are any detours for purely personal objectives, such detours must be separated from the main trip and the employee held to be outside the scope of his employment during such detour.’ ””

   1 later decision quote this exact passage
   e.g. 27 Wis. 2d 219 - Tyrrell v. Industrial Commission

3. ““ ‘The test is whether the servant has stepped aside from the business of his principal to accomplish an independent purpose of his own, or whether he was actuated by an intent to carry out his employment and to serve his master.’ ” [Case cited.]”

   1 later decision quote this exact passage
   e.g. 27 Wis. 2d 219 - Tyrrell v. Industrial Commission