Gallien v. Judge’s Empirical Analysis

Citation profile

22 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. ““We have presented before us therefore that intricate question as to how far the provisions of the Employers’ Liability Law should be applied to persons who are engaged by an employer whose business, although not hazardous under the provisions of the law itself, does use and operate in connection therewith, automotive vehicles or stationary machinery which may be said to convert at least part of his business into one that is hazardous and would therefore come within the provisions of the law. “Broadly stated, the jurisprudence in Louisiana, in cases of this kind, is to the effect that where an employer’s main or primary business is nonhazardous but some features of it partake of a hazardous nature and one of his employees is engaged in both parts of the work, his injury may be compensable even though it should occur when he is engaged in the performance of his duties in the nonhazardous part. But, as stated, he must be engaged in both features of the work or at least it should appear that his services are occasionally connected either directly or indirectly with the hazardous part of the business. Where the service he is performing at the time of the accident is wholly disassociated from the hazardous feature of the business his injury and resulting disability is not compensable. * * * “In this case whilst plaintiff has alleged a fact which may bring the employer’s business within the scope of the compensation law since he averred that in operating his cattle business (which ”

   1 later decision quote this exact passage
   e.g. Fontenot v. Fontenot

2. “Whilst he did allege that in connection with his business, defendant operated trucks propelled by gasoline engines, and other motor vehicles, nowhere did he allege that his duties as a carpenter in repairing defendant's house brought him in contact in any manner whatsoever with those trucks or other motor vehicles. The cases of Hecker v. Betz, La. App., 172 So. 816 , and Collins v. Spielman, 200 La. 586 , 8 So.2d 608 , relied on by plaintiff do not serve as authority to support his claim.”

   1 later decision quote this exact passage
   e.g. Gonsoulin v. Southern Amusement Co.