Topic: neither by its express language nor by its legislative hist… · Go Syfert
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Topic #26106

5 canonical passages across 3 cases, quoted by 15 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Robert M. Cavanaugh, and Martha E. Cavanaugh v. Western Maryland Railway Company and Baltimore and Ohio Railroad Company.

#Case FlagCanonical passage Citers
1 Robert M. Cavanaugh, and Martha E. Cavanaugh v. Western Maryland Railway Company and Baltimore and Ohio Railroad Company Anchor
ca4 · 1984
green “neither by its express language nor by its legislative history does section 5 suggest in any way that the 'device' at which the proscription of the section was directed was intended to include a counterclaim to recover for the railroad's own losses incurred in connection with th…” 3
2 Robert M. Cavanaugh, and Martha E. Cavanaugh v. Western Maryland Railway Company and Baltimore and Ohio Railroad Company
ca4 · 1984
green “as long as a railroad is permitted to hold the threat of a counterclaim for property damage over the heads of those employees who have the misfortune to be involved in a railroad accident, those witnesses, whether injured or not, may well be reluctant to participate during the i…” 3
3 Robert M. Nordgren v. Burlington Northern Railroad Company, a Delaware Corporation
ca8 · 1997
green “any device whatsoever' refers only to any other creative agreement or arrangements the railroad might come up with to exempt itself from liability” 3
4 Stack v. Chicago, Milwaukee, St. Paul and Pacific Railroad Co.
wash · 1980
green “supported both by the purpose of the act and by case authority” 3
5 Stack v. Chicago, Milwaukee, St. Paul and Pacific Railroad Co.
wash · 1980
green “the crew's testimony will be affected because they will be reluctant to testify candidly when their own pocketbooks are in jeopardy” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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