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← 139 Tex. 609 - Jacob E. Decker & Sons, Inc. v. Capps

Jacob E. Decker & Sons, Inc. v. Capps’s Empirical Analysis

1942

Citation profile

257
cited by 257 later decisions
21
states following
February 2019
most recently cited

42 federal appellate · 2 district · 186 state decisions

How this case has been cited

Cited by 257 later decisions — most recently February 2019 · most notably Greenman v. Yuba Power Products, Inc. (1963), Henningsen v. Bloomfield Motors, Inc. (1960)

42 federal appellate · 2 district · 186 state decisions — followed in 21 states

101019421950196019701980199020002010decided

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 Rinaldi v. . Mohican Co. · Chysky v. . Drake Brothers Co. · Catani v. Swift & Co. · Race v. . Krum · Fairbank Canning Co. v. . Metzger

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

  1. “applies only when one is seeking to enforce a contract.”
    11 later decisions quote this exact passage · from the majority
  2. ““ ‘Where the ultimate consumer of food, sold in the original sealed package for human consumption, suffers injury arid damages from ' such food being contaminated, is the wholesaler, " or middleman, as well as the manufacturer and retailer,' liable to such ultimate consumer for damages p’roxi- ' mately resulting to him by reason of the eating of such, food, under an, implied warranty imposed by law as a -’matter of public'.policy?”’ ■ -”
    3 later decisions quote this exact passage · from the majority
  3. ““In fact, a rule which would require proof of negligence as a basis of recovery would, in most instances, by reason of the difficulty of making such proof, be equivalent to a denial of recovery.””
    2 later decisions 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.