Gilbert v. E. B. Law & Son, Inc.’s Empirical Analysis
1955
Citation profile
56 state decisions
How this case has been cited
Cited by 56 later decisions — most recently February 2007 · most notably Reynolds v. Ruidoso Racing Association, Inc. (1961), Lyon v. Catron County Commissioners (1969)
56 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Elsea v. Broome Furniture Co. · Carroll v. Industrial Commission · Webb v. New Mexico Pub. Co. · Stevenson v. Lee Moor Contracting Co. · Crocker v. Johnston
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * After all, medical testimony, as other expert evidence, is intended to aid, but not to conclude, a court or jury. “The jury is entitled to rely upon rational inferences deducible from the evidence, whether arising from expert testimony or otherwise.””
2 later decisions quote this exact passage““In your consideration of whether or not plaintiff is suffering from a disability caused by accident arising out of and in the course of his employment and in your consideration of the extent of such disability, if any is shown, the burden is upon the plaintiff to show by a preponderance of the evidence that such disability, if any, is the direct and proximate result of an accidental injury sustained in the course of his employment or is the result of the material aggravation of a pre-existing infirmity as the result of an accidental injury sustained in the course of his employment. You are, therefore, instructed that in considering the award to be made to the plaintiff, if any, you should disregard any pre-existing infirmity of plaintiff, if any, except to the extent that you may find such pre-existing infirmity has been aggravated and brought to light by an accidental injury sustained in the course of his employment. If you find that there was a pre-existing infirmity and that by reason of an accidental injury sustained in the course of his employment the pre-existing infirmity was materially aggravated and brought to light by an accidental injury sustained in the course of his employment, you may award plaintiff that portion of his disability, if any, which is caused by such material aggravation of the preexisting infirmity, if any is shown, but may not award in excess of the percentage due to such aggravation of any pre-existing infirmity you may find to exist””
1 later decision quote this exact passage““It is not enough that the injury arose in the course of employment. For an injury to'be compensable, it must ‘arise out of’ and in the course of employment and not wilfully suffered or intentionally inflicted. The principles ‘arising out of’ and ‘in the course of employment’ within the meaning of the Workmen’s Compensation Act must coexist at the time of the injury in order that an award be sustained. 'These terms are not synonymous, the former relates to the cause of the injury and the latter refers to the time, place and circumstances under which the injury occurred. The injury must be reasonably incident to the employment or one flowing therefrom as a natural consequence.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.