Elsas v. Montgomery Elevator Co.’s Empirical Analysis
1932
Citation profile
1 federal appellate · 36 state decisions
How this case has been cited
Cited by 37 later decisions — most recently January 1993 · most notably Smith v. Pettis County (1940), Marie v. Standard Steel Works (1959)
1 federal appellate · 36 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 New York Life Insurance v. Head · Pruitt v. Harker · State Ex Rel. Brewen-Clark Syrup Co. v. Missouri Workmen's Compensation Commission · Span v. Jackson-Walker Coal & Mining Co. · State Ex Rel. Brown v. Board of Education of St. Louis
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There would be merit in this contention if the making of the contract of employment was the only thing that occurred in Missouri, but such is not the case. The record shows that the steel company admitted that it was a major employer operating under the Missouri Workmen's Compensation Act. This being true, it was subject to all provisions of the act. The act (Sec. 3310, R.S. 1929, Mo. St. Ann., sec. 3310, p. 8245) provides that the Workmen's Compensation Act shall apply to all injuries received outside of this State under contract of employment made in this State unless the contract of employment in any case shall otherwise provide. . . . "The appellant steel company being a major employer under the Missouri Compensation Act, every provision of that act became an integral part of every contract of employment made by the steel company in Missouri. It therefore follows that by the terms of the contract of employment entered into between the steel company and Daggett, the steel company agreed to pay, and Daggett agreed to accept, compensation in case of injury, wherever it occurred, in accordance with the provisions of the Missouri Workmen's Compensation Act. This is so because the Compensation Act, which is a part of the contract so provides.”
1 later decision quote this exact passagee.g. Bolin v. Swift & Co.“The Supreme Court of Missouri held: The expense of “last sickness” ... [is] expressly referred to in the act as “compensation,” and any such expense ... must have been “on account of the injury” to claimant’s husband_ The commission properly concluded that under the plain terms of the act payment of these bills was a payment of compensation “made on account of the injury” to claimant’s husband. .... Since the Compensation Act plainly states that in case of payment made “on account of the injury” a claim for compensation can be filed within six months from the date thereof, it will not be set at naught by what the insurer’s claim agent thought as to whether liability was at common law or under the Compensation Act.”
1 later decision quote this exact passage“If the injury causes death ... the compensation therefor shall be as provided in this section. (a) ... the employer shall pay direct to the persons furnishing the same the reasonable expense of the burial of the deceased employe not exceeding one hundred and fifty dollars, and ... the reasonable expense of his last sickness not exceeding two hundred and fifty dollars ....”
1 later decision quote this exact passage
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.