Smith v. McDonough’s Empirical Analysis

1947

Citation profile

cited by 19 later decisions

states following

October 1973

most recently cited

19 state decisions

How this case has been cited

Cited by 19 later decisions — most recently October 1973

19 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Appalachian Corp. v. Brooklyn Cooperage Co. · Sweat v. Allen · Foster & Glassell Co. v. Knight Bros. · Parkhill Truck Co. v. Wilson · Hartquist v. Tamiami Trail Tours, Inc.

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

“No compromise with such third person by either the employer or the injured employee or his dependent shall be binding upon or affect the rights of the other unless assented to by him.”
4 later decisions quote this exact passage
e.g. Geter v. Travelers Insurance Company of Hartford · 55 So. 2d 650 - Todd-Johnson Dry Docks v. City of New Orleans
““We have said that the cause of action given the employee and that given the employer are not the same. A consideration of the statute indicates that the injured workman may sue the third person, ex delicto, in an action sounding in damages, whereas the action conferred upon the employer is one of indemnification for the expense to which it has been put because of the negligence of the third person. In the one case, that of the employee, his recovery is limited to and based upon the unliquidated damages which he has suffered, whereas in the other case, that of the employer, it is for a fixed amount which, as the Supreme Court of Florida says, though based upon the same transaction is quite a different thing.””
2 later decisions quote this exact passage
e.g. Marquette Casualty Co. v. Brown · 55 So. 2d 650 - Todd-Johnson Dry Docks v. City of New Orleans
“2. Any employer having paid or having become obligated to pay compensation under the provisions of this Act may bring suit against such third person to recover any amount which he has paid or become obligated to pay as compensation to any injured employee or his dependent; provided, that if either such employee or his dependent, or such employer, shall bring suit against such third person, he shall forthwith notify the other in writing of such fact and of the name of the Court in which such suit is filed, and such other may intervene as party plaintiff in such suit.”
2 later decisions quote this exact passage
e.g. 31 So. 2d 442 - Richmond v. Employers' Liability Assur. Corporation · 35 So. 2d 769 - International Paper v. Arkansas Louisiana M.R. Co.

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.