Devlin Ex Rel. Devlin v. Ennis’s Empirical Analysis

Citation profile

1 district · 12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When the animosity or dispute which culminates in an assault is imported into the employment from claimant’s domestic or private life, the assault does not arise out of the employment under any test. Even the broadest of all, the but-for or positional test, rules out compensability on the reasoning that the assault would have been made in any case, since the assailant was evidently determined to have his vengeance wherever he might find his victim.””

   1 later decision quote this exact passage
   e.g. Duerock v. Acarregui

2. ““If such is done, it would not only sanction indirectly conduct of the employer in committing an assault upon the employee, but it would also permit the employer to use the workmen’s compensation act to shield himself — in this case, his estate — from his civil liability in an action at law.” Devlin v. Ennis, 77 Idaho 342, at p. 347 , 292 P.2d 469, at p. 471 .”

   1 later decision quote this exact passage
   e.g. Provo v. Bunker Hill Company

3. ““Here, the shooting of Devlin by his employer because of animosity was foreign to the employment, and Devlin’s death therefore did not arise out of his employment by Searles, who was evidently determined to have his vengeance wherever he might find' his victim.” (A dispute over a woman between the two workmen) : •”

   1 later decision quote this exact passage
   e.g. Mayo v. Safeway Stores, Inc.