Delaware Co v. Converse’s Empirical Analysis
139 U.S. 469 · 1891
Citation profile
218 federal appellate · 10 district · 86 state decisions
How this case has been cited
Cited by 411 later decisions (20 by the Supreme Court) — most recently March 2004 · most notably Gunning v. Cooley (1930), Grand Trunk Ry Co of Canada v. Ives (1892)
218 federal appellate · 10 district · 86 state decisions — followed in 28 states
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 William Parsons v. Bedford Breedlove · Randall v. Baltimore O R · Railroad Company v. Houston · Railroad Company v. Jones
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 411 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is well settled that the court may withdraw a case from them [the jury] altogether and. direct a verdict for the plaintiff or the defendant, as the one or the other may he proper, where the evidence is undisputed, or is of such conclusive' character that the court, in the exercise of a sound judicial discretion, would he compelled to set aside a verdict returned in opposition to it. Phoenix Ins. Co. v. Doster, 106 U. S. 30 . 32; Griggs v. Houston. 104 U. S. 553 ; Randall v. Baltimore & Ohio R. R., 109 U. S. 478 , 482; Anderson County Commissioners v. Beal, 113 U. S. 227 , 241; Schofield v. Chicago & St. Paul Railway Co., 114 U. S. 615 , 618.” Delaware, etc., Railroad v. Converse, 139 U. S. 469 , 472, 11 Sup. Ct. 569 , 570 ( 35 L. Ed. 213 ).”
6 later decisions quote this exact passage · from the majority““There is no doubt of the power of the circuit court to direct a verdict for the plaintiff upon the evidence presented in a cause where it is clear that he is entitled to recover, and no matter affecting his claim is left in doubt to be determined by the jury. Such a direction is eminently proper, when it would be the duty of the court to set aside a different verdict if one were rendered. It would be an idle proceeding to submit the evidence to the jury, when they could justly find only in one way.””
3 later decisions quote this exact passage · from the majority““In some localities, in thickly-settled communities, greater vigilance and more safeguards are required upon'the part of the railroad company than would be necessary in other localities. What would be due care in one locality might be negligence in another. A very high degree of caxition and circumspection is reqxiired under some circumstances.””
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.