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← 13 SE2D 242 - Mitchell v. . Saunders

Mitchell v. . Saunders’s Empirical Analysis

1941

Citation profile

19
cited by 19 later decisions
2
states following
August 2012
most recently cited

18 state decisions

How this case has been cited

Cited by 19 later decisions — most recently August 2012

18 state decisions

5019411950196019701980199020002010decided

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 Anne Sweeney v. William G Errving · Lindenbaum v. New York, New Haven, & Hartford Railroad · 119 Ohio St. 422 - Ault v. Hall · Ryan v. Fall River Iron Works Co. · Davis v. Kerr

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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “where proper inferences may be drawn by ordinary men from proved facts which give rise to res ipsa loquitur without infringing this principle, there should be no reasonable argument against the availability of the doctrine in medical and surgical cases involving negligence, just as in other negligence cases, where the thing which caused the injury does not happen in the ordinary course of things ....”
    1 later decision quote this exact passage · from the concurrence
  2. “The decisions are contrary to the proposition that any explanation which the defendant may see fit to furnish of matters which are supposed to be peculiarly within his knowledge is sufficient to rebut the prima facie case which res ipsa loquitur has made, or to repel the presumption, or, rather, inferences, which the jury may draw from it. It is still a matter for the jury.”
    1 later decision quote this exact passage · from the concurrence

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.