94 Ind. App. 104 - Davies v. Robinson’s Empirical Analysis
1932
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently November 1981
16 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.
Relationships
Relies on Norris v. Casel · McDevitt v. Checker Cab Co. · Guy v. State · 83 Ind. App. 707 - Mercantile-Commercial Bank, Rec. v. Koch · 90 Ind. App. 611 - Talge Mahogany Co. v. Beard
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.
““Before an injury is compensable under the Indiana Workmen’s Compensation Act, it must not only be due to an accident arising in the ■ course of the employment but it must also arise out of the employment. There must be a causal connection between the employment and the injury for which compensation is sought. When the appellee thus struck Leslie first, under the circumstances as shown by the evidence, even though he had been grossly insulted by Leslie, he was guilty of assault and battery. He had inaugurated a situation for his own purpose of avenging a personal insult to himself. He had stepped aside from his employment and had engaged upon his own private mission. Under such circumstances, it cannot be said that the injury he received in the fight which he himself started arose out of his employment. See Talge Mahogany Co. v. Beard (1930), 90 Ind. App. 611 , 169 N. E. 540 ; Mercantile-Commercial Bank, Rec. v. Koch, (1925), 83 Ind. App. 707 , 150 N. E. 25 ; . . . Stillwagon v. Callan Brothers, Inc. (1918), 183 App. Div. 141 , 170 N. Y. Supp. 677 .””
1 later decision quote this exact passage“* * * no provocative acts, conduct, former insults, threats, or words, if unaccompanied by any overt act of hostility, will justify an assault, no matter how offensive or exasperating, nor how much they may be calculated to excite or irritate.”
1 later decision quote this exact passage“* * * The reason for the rule is in sound morals and public policy which, as has been said, forbids any man from being his own `judge and executioner.'”
1 later decision quote this exact passage
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.