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← 136 N.J.L. 1 - State v. Kellow

State v. Kellow’s Empirical Analysis

1947

Citation profile

6
cited by 6 later decisions
2
states following
January 1983
most recently cited

6 state decisions

How this case has been cited

Cited by 6 later decisions — most recently January 1983

6 state decisions

3019471950196019701980decided

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 139 N.J. Eq. 97 - Westinghouse Electric Corp. v. United Electrical, Radio & MacHine Workers of America, Local No. 410 · Osbun v. De Young · State v. Elliott · State v. Tomaini

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

  1. “The rule, as we deduce it from State v. Elliott, 94 N.J.L. 76 ; State v. Oliver, 107 Id. 319, and the authorities relied upon in those decisions, is as follows: Contributory negligence by the decedent is not a defense as in civil damage suits; but evidence of negligence on the part of the decedent is admissible and is entitled to be considered on the question of whether the death was due to criminal negligence on the part of the defendant or to some other cause. If the defendant is shown beyond a reasonable doubt to have been guilty of the acts proscribed by the statute, resulting in the death, it matters not that the decedent would have escaped the fatal consequences had he, himself, not been negligent. The accused may not avoid the consequences of his own wrong by showing the negligence of the decedent.”
    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.