Utilities Coal Co. v. Herr’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is no direct evidence that the smoke-laden air, inhaled by the decedent on the occasion in question, hastened his death because of the diseased condition of his heart, but such evidence is not necessary in order ,to establish that fact, if other proven facts will warrant such an inference. Bronnenberg v. Indiana, etc., T. Co. (1915) 59 Ind. App. 495 , 109 N. E. 784 ; Carter v. Richart (1917) 65 Ind. App. 255 , 114 N. E. 110 . Directing our attention to the facts set out above, we observe that a man, afflicted with a serious heart disease, went down into a mine, and found the air of his working place filled with smoke, that rendered it unfit to breathe, and seriously affected a number of his fellow workmen; that, after remaining a short time he left the mine because of the impure air, and on reaching the top he was in such condition that he expired within a short time. It was the province of the Industrial Board to draw any reasonable inference from such facts. It evidently drew the inference that the same elements in the air of the mine, Which caused other workmen to become weak, dizzy, and blind, to have rapid pulsations, headache, and shortness of breath, to become sick and vomit, so affected the decedent that death followed, because his diseased heart was unable to withstand the added burden placed on it by inhaling the smoke-laden air while in the mine, and in making an effort to escape from its evil effects. With such an inference in support of the finding in ques”

   1 later decision quote this exact passage
   e.g. Tintic Milling Co. v. Industrial Commission

2. ““The evidence tends to show that on June 26, 1926, appellant had a number of men employed in mining coal, including the decedent. On the morning of that day, the decedent, with other employés of appellant, went down into its mine to engage in their usual work. When they reached the bottom of the mine and came to their working place, they found the same so full of smoke that they could not remain therein with comfort or safety, and by reason of that fact returned to the top of the mine. Immediately after the decedent came out of the mine, he walked a short distance to a stairway, sat down on one of the-steps, and then fell over. On being carried into the office he was found to be dead. On examination at an autopsy held by the coroner, it was found that the decedent had been afflicted with a serious chronic heart disease. The smoke which caused the decedent and other employés of appellant to leave the mine had befen produced by firing explosives early that morning for the purpose of loosening the coal, so that it could be more easily and more rapidly mined, and sufficient time had, not elapsed for the air to become pure again before the men went down to work.””

   1 later decision quote this exact passage
   e.g. Tintic Milling Co. v. Industrial Commission