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← 128 W. Va. 531 - Holley v. Purity Baking Co.

128 W. Va. 531 - Holley v. Purity Baking Co.’s Empirical Analysis

1946

Citation profile

30
cited by 30 later decisions
1
states following
July 1959
most recently cited

28 state decisions

Relationships

Relies on Erie Co v. Tompkins · Swift v. Tyson · Anne Sweeney v. William G Errving · 121 W. Va. 115 - Webb v. Brown & Williamson Tobacco Co. · Snyder v. Wheeling Electrical 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “In so far as the proof of negligence is concerned, it is now the established rule in this state affecting the preparation and distribution of foodstuffs that the rule of res ipsa loquitur applies between the packer and the ultimate consumer, and that it rests with the jury to determine whether the packer-defendant's proof of a method and system showing the exercise of extraordinary care, but not relating to the specific article consumption of which it is contended injured the plaintiff, is insufficient to overcome the prima facie presumption [inference] of negligence. Webb v. Brown & Williamson Tobacco Co., 121 W.Va. 115 , 2 S.E.2d 898 ; Parr v. Coca-Cola Bottling Works, 121 W.Va. 314 , 3 S.E. 2d 499 .”
    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.