Weiss v. Axler’s Empirical Analysis
1958
Citation profile
4 federal appellate · 44 state decisions
How this case has been cited
Cited by 48 later decisions — most recently September 2016 · most notably Kitto v. Gilbert (1977), Montgomery Elevator Co. v. Gordon (1980)
4 federal appellate · 44 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 Gleeson v. Virginia Midland Railroad · Gleeson v. Virginia Midland Ry Co · St. Lukes Hospital Ass'n v. Long · Gillett v. Michigan United Traction Co. · Denver Consolidated Electric Co. v. Lawrence
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[the doctrine of res ipsa loquitur ere-ates a compulsive presumption of negligence which continues to exist until the defendant has satisfied the [fact-finder] by a preponderance of the evidence that he was not negligent.”
2 later decisions quote this exact passage · from the majority““In this case the administration of the wave treatment was under the control and management of the defendants; the plaintiff was merely the passive recipient of the treatment. Shortly after the treatment she sustained a loss of hair which in the ordinary course of things would not have happened if defendants had used due care. From this evidence arose a presumption of negligence (making for plaintiff a prima facie case), a device which takes the place of evidence. The trial court properly said of the circumstances, res ipsa loquitur, and required the defendants to prove exculpation from their presumed negligence.””
1 later decision quote this exact passage · from the majority““It is not alone the injury ... but the manner and circumstances thereof, that give rise to the presumption [of negligence under res ipsa loquitur ]. In such cases the res includes the attending circumstances, and the application of the rule of res ipsa loquitur involves principally the question and sufficiency of cir cumstantial evidence to justify the jury in inferring the existence of the principal fact in issue — the defendant’s negligence.””
1 later decision quote this exact passage · from the majoritye.g. Scott v. James
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.