Leblanc v. Grillo’s Empirical Analysis
1942
Citation profile
8 federal appellate · 70 state decisions
How this case has been cited
Cited by 78 later decisions — most recently May 2017 · most notably Champagne v. Raybestos-Manhattan, Inc. (1989), Pierce v. Albanese (1957)
8 federal appellate · 70 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 Ruerat v. Stevens · Hoyt v. City of Danbury · Morse v. Consolidated Railway Co. · Vincent v. Mutual Reserve Fund Life Asso. · White v. Herbst
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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The rule still obtains that a plaintiff seeking damages allegedly caused by the negligent act of another will not be permitted to recover if it appears that his own wrongful conduct was a proximate cause of the injury to his person or damage to his property of which he complains. . . . The statute applies, as its predecessor applied, only to contributory negligence, and the presumption that a plaintiff is free therefrom conferred by it is without effect upon the burden always assumed by a plaintiff alleging negligence on the part of a defendant to establish it . . . . The presumption created in the statute . . . does not affect the obligation of a plaintiff in an action of negligence to sustain the burden of establishing negligence on the defendant's part and that the conduct complained of was a proximate cause of the injury to person or damage to property for which he seeks recovery. . . . [I]t is without probative effect within the limited scope of its operation. Presumptions of such character possess no probative quality.”
1 later decision quote this exact passage“The decisive consideration is not whether the finding implicit in the jury's verdict is consistent or inconsistent with another or other hypotheses but whether or not the inference upon which it is based was one which could have been fairly and reasonably drawn from the physical facts without the admixture of speculation or conjecture.”
1 later decision quote this exact passage“made no change in the substantive law. . . . Its effect . . . is to shift the burden of proving freedom from contributory negligence from the plaintiff, where it rested under the common law . . . and to place the burden of proving contributory negligence upon the defendant if the latter sees fit to claim it by pleading 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.