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← 74 N.M. 45 - Reed v. Fish Engineering Corporation

Reed v. Fish Engineering Corporation’s Empirical Analysis

1964

Citation profile

40
cited by 40 later decisions
3
states following
November 2007
most recently cited

40 state decisions

How this case has been cited

Cited by 40 later decisions — most recently November 2007 · most notably Varney v. Taylor (1968), DeArman v. Popps (1965)

40 state decisions

20019641970198019902000decided

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. · Southern Union Gas Co. v. Briner Rust Proofing Co. · Hewitt-Robins, Inc. v. Lea County Sand & Gravel, Inc. · Faubion v. Tucker · McLain v. Haley

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

  1. “Clearer language could not have been devised to state that discovery procedures authorized by the rules of civil procedure would not be applicable without the motion and order required by the statute. * * * [Section 52-1-34 states that] discovery could be had “only” after motion and the making of certain findings after hearing, and the entry of an order. For us to conclude this was merely directory and not mandatory would do violence to and nullify the language used.”
    2 later decisions quote this exact passage · from the majority
  2. “[I]f the facts are as claimed by plaintiff, payments made and accepted could just as effectively lull claimant into a reasonable feeling of security as to his being entitled to compensation under New Mexico law * * * and would accordingly be conduct excusing the filing of the claim within one year after the right to compensation arose. [Emphasis added.]”
    2 later decisions quote this exact passage · from the majority
  3. “The Rules of Civil Procedure for the District Courts and the Supreme Court Rules shall apply to all claims, actions and appeals under the Workmen’s Compensation Act [52-1-1 to 52-1-69 NMSA 1978] except where provisions of the Workmen’s Compensation Act directly conflict with these rules, in which case the provisions of the Workmen’s Compensation Act shall govern. It is provided, however, that any interrogatories, discovery procedures and depositions authorized by the Rules of Civil Procedure shall be had only after motion of one of the parties therefor and the court having jurisdiction finds, after due hearing, that good cause exists, that the evidence to be obtained will probably be material to the issues of the cause and the court enters an order authorizing the same. The cost and expense of any interrogatory, discovery procedure or deposition ordered by the court shall be paid by the defendants in the claim or action and in no event shall any unsuccessful claimant be responsible for the cost or expense of any interrogatory, discovery procedure or deposition ordered by the court.”
    1 later decision 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.