Beard v. Brown’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 39 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The rule stated in the above citation is considerably broader than was necessary to accommodate the facts of the cases in which it has been used. In two of the above-cited cases, the employer was either active in arranging or providing transportation for an employee. By saying this, we do not intend to overrule or limit in any way the holdings of those cases. It is sufficient to point out that they are all worker’s compensation cases and, as such, their holdings are not generally applicable in the negligence area. To be injured within the course or scope of one’s employment in the context of the worker’s compensation system is not the same thing as to be in the course or scope of one’s employment and cause injury to a third person who is foreign to the employee-employer relationship, which is the foundation of worker’s compensation system. Worker’s compensation is a creature of statute and one designed especially to protect workers injured in the course of their work. The statute is liberally construed to provide coverage to the worker. Within the context of the statute, the employer has a special duty vis-a-vis the employees who work for him. Under worker’s compensation, an employee is covered for injuries which arise ‘ * * * out of and in the course of employment while at work in or about the premises occupied, used or controlled by the employer, incurred while at work in places where the employer’s business requires an employee’s presence * *,’ § 27-12-102(a)(xii), W.S.19”

   2 later decisions quote this exact passage · from the dissent
   e.g. Cottonwood Steel Corp. v. Hansen · Robert C. Carson v. State of Wyoming, Ex Rel., Wyoming Workers' Safety and Compensation Division

2. “From the state of this record, we can only conclude that Buller, at the time of the collision, was not actuated by a purpose to serve Frailey; Buller’s activity in returning home was not done with the intention to perform it as a part of or incident to a service on account of which she was employed; and Buller was not furthering the business interests of appel-lee in any way at the time of the collision. (Citation omitted.) .. . We hold that the mere fact that Frailey agreed to pay Buller for the approximate amount of time consumed in traveling to and from work, did not bestow on Frailey any direct benefits or right of control. To hold that by simply making these payments Frailey opened itself up to liability for any tortious act Buller might have committed while traveling to and from work would be potentially unfair and far beyond the scope of the doctrine of respon-deat superior. The mere fact that an employee is remunerated or paid by employers for time traveling to and from work does not place that employee within the “scope-of-employment” rule in a negligence case. (Citations omitted.) Id. at 736 .”

   1 later decision quote this exact passage · from the dissent
   e.g. Robarge v. Bechtel Power Corp.

3. “We are not here looking for the master's fault but rather for risks that may fairly be regarded as typical of or broadly incidental to the enterprise he has undertaken. * * * Further, we are not looking for that which can and should reasonably be avoided, but with the more or less inevitable toll of a lawful enterprise.”

   1 later decision quote this exact passage · from the dissent
   e.g. 345 N.J. Super. 67 - Carter v. Reynolds