Allison v. Chandler’s Empirical Analysis
1863
Citation profile
9 federal appellate · 4 district · 110 state decisions
How this case has been cited
Cited by 137 later decisions (1 by the Supreme Court) — most recently December 2018 · most notably Story Parchment Co. v. Paterson Parchment Paper Co. (1931), Backus v. Fort St Union Depot Co (1898)
9 federal appellate · 4 district · 110 state decisions — followed in 32 states
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 Bagley v. . Smith · Driggs v. Dwight · Chandler v. Allison · Myrick v. Selden · Lumbard v. Syracuse, Binghamton & New York Railroad
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 137 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'And when, from the nature of the case, the amount of damages can not be estimated with certainty ... we can see no objection to placing before the jury all the facts and circumstances of the case, having any tendency to show damages, or their probable amount; so as to enable them to make the most intelligible and probable estimate which the nature of the case will permit.'”
4 later decisions quote this exact passage“'[t]he law does not require impossibilities; and can not therefore require a higher degree of certainty than the nature of the case admits.'”
2 later decisions quote this exact passage““Past profits, therefore, could not safely be taken as the exact measure of future profits; but all the various contingencies by which such profits would probably be affected should be taken into consideration by the jury, and allowed such weight as they, in the exercise of good sense and sound discretion, should think them entitled to. Past profits in such cases, where the business has been continued for some length of time, would constitute a very material aid to the jury in arriving at a fair’ probable estimate of the future profits, had the business still continued without interruption. “Accordingly such past profits have been allowed for this purpose, both in actions ex contractu and ex delicto, though more, frequently in the latter, where from the nature of the case no element of greater certainty appeared, and the actual damages must be more or less a matter of opinion; and where, as in the present case, though somewhat inconclusive, it was the best evidence the nature of the case admitted. ’ ’”
1 later decision quote this exact passagee.g. Rogers v. Youngs
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.