Martinez v. Fidel’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In that case compensation under the Workmen’s Compensation Law was sought for the death' of' an employee resulting from’a collision at "a railroad crossing. The employee, upon completion of his day’s work, left the employer’s premises on a public highway to cross a heavily travelled railroad track immediately adjacent to the premises. Practically all the employees used the crossing in question in coming to and going from work, which use was known to and contemplated by the employer, and the employer’s watchmen ordinarily on duty to protect the employees were not present at the time due to a plant shutdown. An order denying compensation was reversed by the Supreme Court of Idaho, which held that the injury occurred at a point where the employee was within range of dangers peculiarly associated with the employment, and. hence arose out of and in the course of employment. Therein the Court stated: “‘A vast majority of the State Courts, as well as the United States Supreme Court, have consistently declared and adhered to the doctrine that where an employee has been subjected to a peculiar risk, such as crossing railroad tracks under such facts and circumstances as hereinbefore detailed, there is such an obvious causal relation between the work and the hazard that the course of employment concept must be expanded to cover such employees, otherwise an injustice in the denial of compensation for an injury caused by the employment would result. It is a recognition of the causal conn”

   1 later decision quote this exact passage
   e.g. Fautheree v. Insulation & Specialties, Inc.