Clancy v. Barker’s Empirical Analysis
131 F. 161 · 1904
Citation profile
9 federal appellate · 1 district · 5 state decisions
How this case has been cited
Cited by 16 later decisions — most recently July 2014
9 federal appellate · 1 district · 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 Cohens v. Virginia · Cohens v. Virginia · Craker v. Chicago & Northwestern Railway Co. · Goddard v. Grand Trunk Railway · Dickson v. Waldron
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The carrier takes and the passenger surrenders to him the control and dominion of his person, and the chief, nay, practically the only, occupation of both parties is the performance of the contract of carriage. * * * The carrier regulates the movements of the passenger, assigns him his seat or berth,, and determines when, how, and where he shall ride, eat, and sleep; while the passenger submits to the rules, regulations, and directions of the carrier, and is transported in the manner the latter directs. The logical and necessary result of this relation of the parties is that every servant of the carrier who is employed in assisting to transport the passenger safely * * * is constantly acting within the scope and the course of his employment while he is upon the train, * * * because he is one of those selected by his master and placed in charge of the person of the passenger to safely transport him to his destination. Any negligent or willful act of such a servant, which inflicts injury upon the passenger, is necessarily a breach of the master’s con- • tract of safe carriage, and for it the latter must respond.””
1 later decision quote this exact passage · from the majority““That when the defendants made their contract to entertain at their hotel the law was, and in onr opinion it still is, * * * that their agreement was to exercise reasonable care for his safety, comfort, and entertainment, and that their agreement did not include an insurance of his person against the willful or negligent acts of their servants beyond the course of their employment.””
1 later decision quote this exact passage · from the majority
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.