Reed v. Stockmeyer’s Empirical Analysis

Citation profile

15 federal appellate ·

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

1. ““When 1he servant is required by the master to perform temporary service beyond and without the scope of that which lie has engaged to do, a question of somewhat different nature is presented. The master may not lawfully expose his servant to greater risks than those pertaining to the particular service for which he has engaged, and against which the servant, through want, of skill, or by reason of tender age or physical inability, could not presumably defend himself if unapprised of the danger. lie is hound to warn the servant of the danger if it be not obvious, and to instruct him how it may be avoided. Tf," however, the servant be of mature years, and of ordinary intelligence and experience, he is presumed to know and comprehend obvious dangers. In such case the master is not liable for injury happening to the servant in the performance of dangerous work without the scope of his engagement or service merely because he has been directed by the master to perform such work, if the servant is possessed of knowledge and experience sufficient to comprehend the danger, and without objection undertakes the service, the master is not liable for injury received by the servant in such new and more dangerous employment. Cole v. Railway Co., 71 Wis. 114 , 37 N. W. 84 [ 5 Am. St. Rep. 201 ]; Paule v. Mining Co., 80 Wis. 350 . 50 N. W. 189 ; Dougherty v. Steel Co., 88 Wis. 343 , 60 N. W. 274 ; Buzzell v. Manufacturing Co., 48 Me. 113 . 121 [ 77 Am. Dec. 212 ], The liability upon the mast”

   1 later decision quote this exact passage · from the majority
   e.g. Heffner v. Sprague Electric Co.

2. ““S:>, also, it is the duty of the master to provide a reasonably safe place in which the servant may perform his work, and to keep it in such suitable condition. This duty is not absolute, but relative. It is measured by the nature and character of the employment, the location of the premises, and their surroundings. There are employments that of themselves are necessarily dangerous, in connection with which no position can be made secure. In such case the law requires of the master that he shall use ordinary care that the dangers of the employment are not unnecessarily enlarged; that he shall take proper care to furnish such safeguards as are customarily employed in the performance of like hazardous service, so that the servant, exercising proper care, may render his service without exposure to dangers that are not within the obvious scope of the employment as usually carried on.””

   1 later decision quote this exact passage · from the majority
   e.g. Choctaw, O. & G. R. v. McDade

3. ““Robert Reed, the son of the owner, was superintendent of his father’s quarries. He gave general directions with respect to the management of them to the foreman, Drehoble, from whom the workmen received their orders, he working with them, and personally assisting, daily, in their labors; and wo assume —although there is some conflict in the testimony — that Drehoble employed and discharged the men. It follows, therefore, that, in the hiring of the men and in the direction to Stockmeyer to engage in work without the scope of his original employment, Drehoble, so far as that duty was concerned, was the representative of the master, and a vice principal, and for whatever wrong, if any, he did in that capacity, the master was liable.””

   1 later decision quote this exact passage · from the majority
   e.g. National Fire Proofing Co. v. Andrews