Lusk v. Osborn’s Empirical Analysis
1917
Citation profile
2 federal appellate · 5 state decisions
How this case has been cited
Cited by 11 later decisions — most recently January 1940
2 federal appellate · 5 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 Chesapeake & Ohio Railway Co. v. Cockrell · Central Vermont Railway Company v. Mary Theresa White L · Great Northern Railway Co. v. Wiles · Kansas City Southern Railway Co. v. Leslie · Kansas City Southern Railway Co. v. Leslie
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Independently of that statute or any other, a person is liable in damages for a negligent act of his own which causes injury to his fellow servant. In such a case the failure to keep a lookout pursuant to the requirements of the statute may not constitute negligence as a matter of: law, but it may justify a finding of negligence under the circumstances of a given case. The charge of negligence in this respect, therefore, constitutes a cause of action against the employee who committed the negligent act, which may be joined with an action against the superior who is in law responsible for it.””
1 later decision quote this exact passage““The lookout statute undertakes only to create responsibility on the part of the railway company, and it had no application in the case of an injured employee who assists in the operation of the train.””
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.