Hughes v. Chitty’s Empirical Analysis

Citation profile

5 federal appellate · 3 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(i) The right to compensation or benefits under this chapter shall be the exclusive remedy to an employee when he is injured, or to his eligible survivors or legal representatives if he is killed, by the negligence or wrong of any other person or persons in the same employ: Provided, that this provision shall not affect the liability of a person other than an officer or employee of the employer.” 33 U.S.C. § 933 (i).”

   2 later decisions quote this exact passage · from the majority
   e.g. Nations v. Morris · Fitzgerald v. Compania Naviera La Molinera

2. “"The 1959 amendment to § 33 simply recognized the problem [of co-employee suits] and solved it by forbidding such an action. In other words, the 1959 amendment to § 33 of the Act not only does not limit the provisions of § 5, but broadens them by insulating not only the employer, but also the fellow employees of the injured party from any liability in damages to the injured party. This is made clear by the legislative history of the amendment. U.S. Code Congressional and Administrative News, 86th Congress, First Session 1959, Volume 2, pages 2134-2136. With respect to the amendment now relied on by libellant, the Senate Report, under the heading `Purpose Of The Bill', states as follows at page 2135: "`The other major provision of the bill relates to the immunization of fellow employees against damage suits. The rationale of this change in the law is that when an employee goes to work in a hazardous industry he encounters two risks. First, the risks inherent in the hazardous work and second, the risk that he might negligently hurt someone else and thereby incur a large common-law damage liability. While it is true that this provision limits an employee's rights, it would at the same time expand them by immunizing him against suits where he negligently injures a fellow worker. It simply means that rights and liabilities arising within the `employee family' will be settled within the framework of the Longshoremen's and Harbor Workers' Compensation Act.'"”

   1 later decision quote this exact passage · from the majority
   e.g. Fillinger v. Foster

3. “any executive officer, director or stockholder”

   1 later decision quote this exact passage · from the majority
   e.g. Donald Bryan Strickland, Jr., a Minor Through Mrs. Joyce Ann Lockridge Strickland, Guardian Ad Litem v. Transamerica Insurance Company