Steinhauser v. Spraul’s Empirical Analysis
1895
Citation profile
2 federal appellate · 4 district · 30 state decisions
How this case has been cited
Cited by 37 later decisions — most recently October 1941 · most notably Lambert Ex Rel. Lambert v. Jones (1936), Blundell v. Wm. A. Miller Elevator Manufacturing Co. (1905)
2 federal appellate · 4 district · 30 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 Harriman v. Stowe · Blanton v. Dolb · Fugler v. Bothe · Flesh v. Lindsay · Venable v. Wabash Western Railway Co.
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We come, in the next place, to the consideration of the liability of agents to third persons, in regard to torts or wrongs done by them in the course of their agency. * * * And here the distinction ordinarily taken is between acts of misfeasance or positive wrongs and nonfeasances or mere omissions of duty by private agents. * * * The master is always liable to third persons for the misfeasances and negligences and omissions of duty of his servant, in all eases within the scope of his employment. So the principal, in like manner, is liable to third persons for the like misfeasances, negligences, and omissions of duty of his agent, leaving him to his remedy over against the agent in all eases, where the tort is of such a nature as that he is entitled to compensation. * * * The agent is also personally liable to third persons for his own misfeasances and positive wrongs. But he is not * * * liable to' third persons for his own nonfeasances or omissions of duty, in the course of his employment. His liability, in these latter cases, is solely to his principal.””
2 later decisions quote this exact passage““A-t common law. an agent is personally responsible to third parties for doing something which he ought not to have done, but not for not doing something which he ought to have done; the agent in the latter case being liable to his principal only. For nonfeasance, or mere neglect in the performance of duty, the responsibility therefor must arise from some express or implied obligation between particular parties standing in privity of law or contract with each other. * •* * Misfeasance may involve, also, to some extent the idea of not doing, as where the agent while engaged in the performance of his undertaking does not do something which it was his duty to do under the circumstances, does not take that precaution, does not exercise that care, which a due regard for the rights of others requires.””
1 later decision quote this exact passage““An agent is personally liable to third parties for doing something which he ought not to have done; but he is not liable for not doing something which he ought to have done.” Elwell’s Evans on Agency, 438.”
1 later decision quote this exact passagee.g. Kelly v. Robinson
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.