Caira v. Caira’s Empirical Analysis

Citation profile

2 district · 29 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The plaintiff’s intestate was injured by the tort of the defendant committed while each was acting within the scope of his employment by the common employer. The employer was required by accepting the Workmen’s Compensation Act to protect the plaintiff’s intestate from the consequences of such conduct by the defendant. It was then an incident to the employment of both the plaintiff’s intestate and the defendant that there should be protection against such injury by the insurance of the employer under the Workmen’s Compensation Act. * * “One purpose of the Workmen’s Compensation Act was to sweep within its provisions all claims for compensation flowing from personal injuries arising out of and in the course of employment by a common employer insured under the act, and not to preserve for the benefit of the insurer or of the insurer and those injured liabilities between those engaged in the common employment which but for the act would exist at common law. That is the broad ground underlying the decisions already cited. It is equally applicable to the case at bar. An individual employee stands on the same footing with respect to such liability as a contractor or subcontractor.””

   1 later decision quote this exact passage
   e.g. Kowcun v. Bybee