Dean v. Hershowitz’s Empirical Analysis
1935
Citation profile
9 federal appellate · 8 district · 158 state decisions
How this case has been cited
Cited by 175 later decisions — most recently August 2025 · most notably Montinieri v. Southern New England Telephone, Co. (1978), Kaplan v. Merberg Wrecking Corporation (1965)
9 federal appellate · 8 district · 158 state decisions — followed in 14 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 Hoffman v. City of Bristol · Burkhardt v. Armour & Co. · Cohn v. Dunn · Farrell v. Waterbury Horse R. R. Co. · Ziulkowski v. Kolodziej
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 175 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Broadly considered, it might be said that the duty to exercise reasonable care arises whenever the activities of two persons come so in conjunction that the failure to exercise that care by one is liable to cause injury to the other . . . . In the final analysis this is the real basis upon which the law imposes upon a physician, a bailee, an attorney, and other persons standing in such relationship, an obligation to exercise a certain degree of care or skill.”
3 later decisions quote this exact passage“In other words, the particular facts which bring two persons into a relationship to each other are not necessarily controlling, but the true test is, speaking generally, being in that relationship, are the circumstances such that one, in the performance of some act within the scope of that relationship, unless he (sic) uses proper care, is likely to do injury to the person, property or tights of the other.”
1 later decision quote this exact passage“[i]f a man will set about actions attended with risk to others, the law casts on him the duty of care and competence. It is . . . immaterial that the defendant may have bound himself to do the act, or to do it competently. The undertaking, if undertaking there was in that sense, is but the occasion and inducement of the wrong. . . . It is in this sense that negligence grows out of contracts. . . .”
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.