7 Smith & H. 660 - Murphy v. Gaylord’s Empirical Analysis
1930
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently November 1984
10 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.
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Now these facts, as will be seen, relate mainly to the trade or occupation of the employee, wbicb was that of carpenter. It may be conceded that they show that be was engaged ‘in the usual course’ of bis trade or occupation. But this is not determinative. Under our act, Code, sec. 6856(b), the test is whether or not the workman was employed when injured ‘in the usual course of trade, business, profession, or occupation of the employer. ’ “Can the carpenter work of repairing* these doors, windows, salt or coal bins, or inclosures of the control valves of the sprinkler system, be said to have been in the usual course of this employer’s trade, business, or occupation? Was not this work rather of an occasional, now and then, exigency, unusual nature? The ‘occupa-ation’ of the packing company was not carpentering, constructing, or repairing. “[2] It does not appear that this packing company maintained a force of carpenters for such work, or was prepared by or through its regular employees to perform it. The company did not maintain any mechanical department for the purpose of performing repair or construction work in connection with the operation of its plant. But, when and as the need arose, from time to time, acting through its chief engineer, a workman was called in for such purposes. The odd carpenter job or jobs the occasion appeared to demand being accomplished, the workman called in to perform this work would be released. ’ ’”
2 later decisions quote this exact passage · from the majority
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.