121 W. Va. 215 - Carroll v. Fetty’s Empirical Analysis
1939
Citation profile
10 federal appellate · 27 state decisions
How this case has been cited
Cited by 39 later decisions — most recently October 2014 · most notably Terrel v. Duke City Lumber Company, Inc. (1974), Spradling v. Blackburn (1996)
10 federal appellate · 27 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 Barnette v. Wells Fargo Nevada Nat Bank of San Francisco · Swope v. Keystone Coal & Coke Co. · 67 W. Va. 467 - Norvell v. Kanawha & Michigan Railway Co. · Clement v. Buckley Mercantile Co. · Shank v. Groff
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1. In an action for wrongful death, a release executed by the beneficiaries under the statute, Code, 55-7-5, prior to the institution of the action, is, in the absence of fraud, duress or other invalidating defects, a bar to recovery. "2. A written release by one sui juris of a claim for wrongful death cannot be set aside for misrepresentations on the ground of fraud, in the absence of proof both clear and convincing. In such case, actual and positive fraud must be shown. "3. In an action for wrongful death, a written release, signed by the beneficiaries entitled to recovery, may be set aside where it was obtained by duress exercised by a third party with the participation or knowledge of the releasee. However, such duress must be proved by clear and convincing evidence and generally presents a question of fact for the jury.”
1 later decision quote this exact passage“tender is a condition precedent to a successful attack on it”
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.