Hohenthal v. Smith’s Empirical Analysis
114 F.2d 494 · 1940
Citation profile
26 federal appellate · 4 district · 17 state decisions
How this case has been cited
Cited by 51 later decisions — most recently February 1980 · most notably 154 Cal. App. 2d 560 - Salgo v. Leland Stanford Jr. University Board of Trustees (1957), Morrison v. MacNamara (1979)
26 federal appellate · 4 district · 17 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 Anne Sweeney v. William G Errving · Ewing v. Goode · Jackson v. Capital Transit Co. · Aderhold v. Bishop · Wright v. Conway
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.
“* * * But where employees of the hospital are negligent in carrying out the surgeon’s instructions as to treatment after the operation, the overwhelming weight of authority holds that the surgeon is not liable in the absence of a showing that he was negligent in giving the instructions or selecting the persons to carry them out, that he was present and could have avoided the injury by exercising due care, or that his special contract relative to the negligent employee was such as to make the doctrine of respondeat superior applicable. * * *”
2 later decisions quote this exact passage“Part of the service furnished to the patient and charged for by the hospital is the assistance of nurses, interns and attendants in caring for the patient after the operation pursuant to instructions given by the operating surgeon. They perform the duty of their employer (the hospital) to the patient when they carry out the instructions of the doctor.”
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.