Roberts v. Merrill’s Empirical Analysis
1963
Citation profile
25 state decisions
How this case has been cited
Cited by 27 later decisions — most recently September 2020 · most notably Berry by and Through Berry v. Beech Aircraft (1985), Bryant v. Continental Conveyor & Equipment Co. (1988)
25 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 Foster v. Humburg · Shanahan v. . Monarch Engineering Co. · St. Louis S. F. R. Co. v. Goode, Adm'x. · Capitol Steel & Iron Co. v. Fuller · Ruiz v. Industrial Accident Commission
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Any right of recovery for death, whether it be by an action at law for wrongful death or by a claim for death benefits under the Workmen's Compensation Act, exists by reason of the provisions of 12 O.S. 1961 § 1053. In all instances where an injured person may pursue a claim to recover compensation for an accidental injury, the person authorized by 12 O.S. 1961 , § 1054, may, if death is asserted to result from the injury, pursue a remedy to recover death benefits. Quigley v. State Industrial Commission, Okl., 298 P.2d 415, 418 . Roberts v. Merrill, 386 P.2d at 783, 784 .”
4 later decisions quote this exact passage““Section 7 of Article 23 of the constitution which plaintiff asserts the release violates, provides: ‘The right of action to recover damages for injuries resulting in death shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitations.’ “The words ‘shall never be abrogated’ as there used, mean: Shall never be annulled or repealed by an authoritative act, that is, shall never be withdrawn or taken away by the authority which bestowed it, that is, the legislative act, or other legislative authority.””
3 later decisions quote this exact passage““The right of action to recover damages for injuries resulting in death shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation, provided however, that the Legislature may provide an amount of compensation under the Workmen’s Compensation Law for death resulting from injuries suffered in employment covered by such law, in which case the compensation so provided shall be exclusive.” (Emphasis supplied)”
3 later decisions 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.