Yardley v. Montgomery’s Empirical Analysis

Citation profile

2 federal appellate · 11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There are, in § 287.240 three compensations provided: (1) burial expense, (2) a lump sum remarriage award and (3) a ‘death benefit’ or ‘compensation payable in installments’ not to exceed $95.00 per week. Only the death benefit in subsection 2 is subject to the maximum. The lump sum remarriage payment is not so subject, hence the periodic death benefit to which the widow is entitled had she not remarried which are directed to be divided to the dependent children are also not subject to the maximum limitation. There is no basis in the statute to treat the lump sum payment to the widow as a death benefit subject to the maximum limitation of $95.00 per week in subsection 2. Construing the statute as a whole, the maximum limitation of $95.00 per week is not applicable to burial expense in subsection 1 and the lump sum remarriage payment in subsection 4.””

   1 later decision quote this exact passage
   e.g. Mouser v. St. Joe Minerals Corp.

2. ““The question then is whether the Legislature intended to cut down the benefits theretofore payable to other total dependents or intended the payment to the widow on remarriage to be an additional obligation of the employer. Neither the wording of the statute nor its history indicates which of these approaches was in the legislative mind. We think it more likely that the Legislature intended the burden of the increase to be borne by the employer. This view is more in keeping with the remedial objective of the compensation law. “. . . [T]he compensation payable to the other total dependents must be recomputed as of the date of the remarriage.” Blumenfeld v. Rust Craft Greeting Cards, Inc., 51 N.J. at 4 .”

   1 later decision quote this exact passage
   e.g. 9 Kan. App. 2d 679 - Lackey v. D & M TRUCKING

3. ““ ‘In the event of remarriage, a lump sum payment equal in amount to the benefits due for a period of two years shall be paid to the widow or widower. Thereupon the periodic death benefits shall cease unless there are other total dependents entitled to any death benefit under this chapter in which event the periodic benefits to which said widow or widower would have been entitled had he or she not died or remarried, shall be divided among other total dependents and paid to them during their period of entitlement under this chapter.’ ” (Emphasis supplied.) 580 S.W.2d at 269-70.”

   1 later decision quote this exact passage
   e.g. 9 Kan. App. 2d 679 - Lackey v. D & M TRUCKING