Moore v. Hechinger’s Empirical Analysis

Citation profile

2 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The right, therefore, to maintain an action against a third party is clearly in the employee if he does not elect to receive compensation, and it is clearly in the employer if he does so elect. The employee can elect which course he will follow, but he cannot follow both. Hunt v. Bank Line, 4 Cir., 35 F. 2d 136 . ‘In the case where the employee survives and accepts compensation as the only person entitled, it is clear that the statutory assignment vests in the employer the full right to recover damages from the third person. Double recovery by the employee ... is thus avoided. Yet the employer is permitted to share in the recovery only to the extent of his own liability, . . . and any excess goes to the injured employee.’ Aetna Life Insurance Company v. Moses, 287 U. S. 530 , 53 S. Ct. 231, 232 , 77 L. Ed. 477 , 88 A. L. R. 647.””

   1 later decision quote this exact passage
   e.g. 12 Wash. 2d 487 - Anderson v. Allison

2. ““Plaintiff has elected to take compensation and therefore cannot rescind this election. Plaintiff’s acceptance of compensation operates as an assignment of his. rights to his employer. Section 33(b) of the Longshoremen’s and Harbor Workers’ Compensation Act (33 USCA § 933 (b). The plaintiff’s acceptance of compensation with full knowledge thereof bars a recovery in this action. The complaint will be dismissed.””

   1 later decision quote this exact passage
   e.g. 12 Wash. 2d 487 - Anderson v. Allison

3. ““Acceptance of such compensation under an award in a compensation order filed by the deputy commissioner shall operate as an assignment to the employer of all right of the person entitled to compensation to recover damages against such third person.””

   1 later decision quote this exact passage
   e.g. 146 F. Supp. 421 - Culley v. Willard