Blair v. Durham’s Empirical Analysis
134 F.2d 729 · 1943
Citation profile
10 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 22 later decisions — most recently May 1989
10 federal appellate · 2 district · 2 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 Missouri Kansas Texas Pailway Company v. Sallie C Wulf · New York Central & Hudson River Railroad v. Kinney · Maty v. Grasselli Chemical Co. · Powell v. Construction Co. · City of San Juan v. St. John's Gas 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““As long as a plaintiff adheres to a legal duty breached or an injury originally declared on, an alteration of the modes in which defendant has breached the legal duty or caused the injury is not an introduction of a new cause of action. The true test is whether the proposed amendment is a different matter or the same matter more fully or differently laid.””
2 later decisions quote this exact passage · from the majority““The original complaint which alleged that appellee’s injuries were due to the negligence of appellant’s employees in the use of the scaffold states no different cause of action as respects limitation than the amended complaint which stated that her injuries were due to the negligent manner in which the scaffold was constructed, because the two acts alleged were but different invasions of appellee’s primary right and different breaches of the same duty. There was but one injury and it is immaterial whether it resulted from the negligence of the users of the scaffold or from its construction, since in either case it was a violation of the same obligation.””
1 later decision quote this exact passage · from the majority““A ‘cause of action’ is the unlawful violation of a right or failure to discharge a duty which facts show, and' variety of facts alleged does not establish more than one cause of action so long as result is a violation of but one right by a single legal wrong.””
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.