Bales v. Covington’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘.‘It is conceded that Covington’s death occurred in the course of his employment, but appellant argues that his death did not result from an injury by accident arising out of his employment. Many cases from this and other jurisdictions are cited, but appellant’s chief reliance is on Fuqua v. Department of Highways, 292 Ky. 783 , 168 S.W. 2d 39 , while appellees rely chiefly on Stout v. Elkhorn Coal Company, 289 Ky. 736 , 160 S.W. 2d 31 . In the Fuqua case, Fuqua, with other members of a maintenance crew, was engaged in cutting weeds and brush on the right of way of a state highway. A thunder storm arose, and the foreman directed the men to seek shelter. Three men went to the porch of a nearby residence, two got in the cab of the Highway Department truck and Fuqua and two others went into the garage near the residence. Fuqua sat down with his back to a plank leaning against the wall, and was killed when lightning struck the garage. His widow’s claim for compensation was disallowed by the Workmen’s Compensation Board on the ground that the cause of death had no relation to the employment. On appeal to this court the judgment of the circuit court approving the award of the Board was affirmed on the ground that there was no evidence that there was a greater likelihood of the deceased being struck in the garage than in the truck, on the porch of the house or on the road, and the case of Stout v. Elkhorn Coal Company, 289 Ky. 736 , 160 S.W. 2d 31, 33 , was distinguished. In the St”

   1 later decision quote this exact passage
   e.g. In the Matter of Carey v. Schroeder Mining Company