Markle v. Williamson’s Empirical Analysis

Citation profile

3 district · 31 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"... As to all extra hazardous employments the legislature shall provide by law for the accumulation and maintenance of a fund or funds out of which shall be paid compensation as may be fixed by law according to proper classifications to each person injured in such employment or to the dependent families of such as die as the result of such injuries, except in case of injuries due solely to the culpable negligence of the injured employee. Such fund or funds shall be accumulated, paid into the state treasury and maintained in such manner as may be provided by law. The right of each employee to compensation from such fund shall be in lieu of and shall take the place of any and all rights of action against any employer contributing as required by law to such fund in favor of any person or persons by reason of any such injuries or death."”

   3 later decisions quote this exact passage
   e.g. Bence v. Pacific Power and Light Co. · Stephenson v. Mitchell Ex Rel. Workmen's Compensation Department

2. ““(a) If an employee covered by this act [§§ 27-12-101 through 27-12-804] receives an injury under circumstances creating a legal liability in some person other than the employer to pay damages, the employee if engaged in extrahazardous work for his employer at the time of the injury is not deprived of any compensation to which he is entitled under this act. He may also pursue his remedy at law against the third person.””

   2 later decisions quote this exact passage
   e.g. Fraley v. Worthington · Cities Service Co. v. Northern Production Co.

3. “(a) The rights and remedies provided in this act for an employee and his dependents for injuries incurred in extrahaz-ardous employments are in lieu of all other rights and remedies against any employer making contributions required by this act, or his employees acting within the scope of their employment unless the employees are culpably negligent, but do not supersede any rights and remedies available to an employee and his dependents against any other person.”

   1 later decision quote this exact passage
   e.g. Copp v. Redmond