Brown v. Selby’s Empirical Analysis
1960
Citation profile
3 federal appellate · 42 state decisions
How this case has been cited
Cited by 51 later decisions — most recently June 2018 · most notably Falco v. PADOS (1971), Southeastern Aviation, Inc. v. Hurd (1962)
3 federal appellate · 42 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 Kaczorowski v. Kalkosinski · Memphis Street Railway Company v. Cooper · McKelvey v. McKelvey · Wilson v. Barton · Ownby v. Kleyhammer
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The common law personal immunity rule which protects a father from a tort action by his minor child is based solely upon the public policy of preserving domestic peace and tranquility in the family. The idea is, as expressed in McKelvey v. McKelvey, 111 Tenn. 388 , 390, 77 S.W. 664 , 64 L.R.A. 991 : “The peace of society, and of the families composing society, and of a sound public policy designated to subserve the repose of families and the best interest of society, forbid” such tort action.”
4 later decisions quote this exact passage · from the majority“The right of action that a person who dies from injuries received from another, or whose death is caused by the wrongful act, omission, or killing by another, would have had against the wrongdoer, in case death had not been ensued, shall not abate or be extinguished by the person’s death but shall pass to the person’s surviving spouse and, in case there is no surviving spouse, to the person’s children or next of kin; [or] to the person’s personal representative, for the benefit of the person’s surviving spouse or next of kin; ... the funds recovered ... to be free from the claims of creditors.”
1 later decision quote this exact passage · from the majority“If the right of action here asserted is the right of the dead mother, as it is, rather than the right of her children, and if the recovery is in her right, as it is, it would be making a fetish, in this Court's opinion, of the common law rule to hold that her right of action could not be maintained because under the circumstances existing in this case an `incident' of the recovery had in her right is that her recovery passes to her children.”
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.