Lyman v. Hall’s Empirical Analysis
1928
Citation profile
1 district · 14 state decisions
How this case has been cited
Cited by 15 later decisions — most recently September 1995
1 district · 14 state decisions — followed in 11 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 Brotherton v. Manhattan Beach Improvement Co. · Decatur Amusement Park Co. v. Porter · Brotherton v. Manhattan Beach Improvement Co. · Beaman v. Grooms · Bertalot v. Kinnare
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Where many swimmers are engaged in' aquatic sports in the same pool, it is common knowledge that divers disappear and return at other places without giving occasion for alarm or rescue. In the present instance no one knew exactly when or where the bather disappeared. Without resorting to speculation or conjecture the jury could not properly find that, except for the failure of the guard to miss the bather and to notice that he did not promptly reappear, there- would have been no loss of life.””
1 later decision quote this exact passage““Ordinary care to provide a reasonably sufficient number of attendants for the protection of bathers at a public bathing resort conducted for'private gain is a standard of duty in that respect.””
1 later decision quote this exact passage““Evidence of negligence does not of itself establish a cause of action, but in addition plaintiff must show that negligence pleaded by him was the proximate cause of the alleged injury.””
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.