Rutherford v. Southern Ry.’s Empirical Analysis

Citation profile

1 federal appellate · 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. ““It seems to us that the true construction of the constitutional provision above referred to is this: While it does not eutirely deprive a railroad company, in a case like the present, from availing itself of the previously well-recognized defense that the injury complained of was the result of the negligence of a fellow servant, for which the company is not responsible, yet it does confine such defense within narrower limits than had been previously recognized; for it will he observed that the provision in question sots out with the declaration that every employe of a railroad company shall have the same rights and remedies for any injury sustained by him from the acts or omissions of such 'Company, ‘or its employes,’ whether fellow servants or not, as are allowed to a person not an employe of such company; and, if the section had stopped at that point, then the effect, manifestly, would have been to entirely deprive a railroad, company of the right to set np as a defense to an action like this that the injury complained of resulted from negligence of a fellow servant of the plaintiff, l'or which the company was not responsible, r.ut the section does not stop at the point indicated, and, on the contrary, goes on to show in what cases an employs shall have the same rights and remedies as a person not an employe', as follows: (1) Where the injury results from the negligence of a superior officer or agent; (2) where it results from the negligence of a person having the right to”

   1 later decision quote this exact passage
   e.g. Atlantic Coast Line R. v. Farmer

2. ““Every employe of any railroad eorporalion shall have the same rights and remedies for any injury suffered by him from the acts or omissions of said corporation or its employes as are allowed by law to other persons not employes, when the injury results from the negligence of a superior agent or officer, or of a person having a right to control or direct the services of a party injured, and also when the injury results from the negligence of a fellow servant engaged in another department of labor from that of the party injured or of a fellow servant oil another train of cars, or one engaged about a different piece of work.””

   1 later decision quote this exact passage
   e.g. Atlantic Coast Line R. v. Farmer