Harris v. Allison’s Empirical Analysis
1928
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently May 1974
6 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 International & Great Northern Railway Co. v. Anderson · Commonwealth v. Werntz · 63 Tex. Civ. App. 91 - Austin Electric Railway Co. v. Faust · Sax Antonio & Abansas Pass Railway Co. v. Gray · Rosenthal Dry Goods Co. v. Hillebrandt
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Another rule, applied in many of the American courts at • least, is to admit as parts of the res gestae not only such declarations as accompany the transaction, but also such as are made under such circumstances as will raise a reasonable presumption that they are the spontaneous utterance of thoughts created by or springing out of the transaction itself, and so soon thereafter as to exclude the presumption that they are the result of premeditation or design. Travellers Insurance Co. v. Mosley, 8 Wall. 397 , 19 L.Ed. 437 ; Com. v. McPike, 3 Cush., Mass., 181; Hanover Railroad Co. v. Coyle, 55 Pa. 395 ; Elkins v. McKean, 79 Pa.St. 493 ; Monday v. State, 32 Ga. 672 ; People v. Vernon, 35 Cal. 49 ; Little v. Com., 25 Grat., Va., 921; Harriman v. Stowe, 57 Mo. 93 . In most of the cases cited the declarations admitted were the relation of past occurrences. This line of decision has been followed in this court, (City of Galveston v. Barbour, 62 Tex. 172 ,) and, in view of the great array of authority in support of that ruling, we deem it best to adhere to it in this case.” .”
1 later decision quote this exact passage““However that might be, the statements of Jacobs were res gestae. They occurred in less than 30 minutes after the accident and were voluntarily made in the first statements made by Jacobs and before he had left his car. There could have been no design at the time, but it seems to have been a voluntary declaration as to the facts. It certainly was not self-serving, but it was in-culpatory, and the circumstances would preclude the idea of his making false statements that tended to show his own negligence. “Each case of res gestae must be tested by its own peculiar facts, and it follows that decisions cannot be made guides except in their expressions of general and fundamental rules governing the doctrine of res gestae.””
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.