Jackson v. McClendon’s Empirical Analysis
1945
Citation profile
53 state decisions
How this case has been cited
Cited by 53 later decisions — most recently December 1974 · most notably Socony Mobil Co., Inc. v. Southwestern Bell Tel. Co. (1974), Sutherland v. Cotter (1949)
53 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 Ricker, Lee & Co. v. Shoemaker · Riggins v. City of Waco · Brooks v. Hornbeck · Frnka v. Beaumert · Latta v. Bier
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““To constitute a trespass there must be an affirmative act as distinguished from a mere failure to act. Such act need not be inherently unlawful. It may be inherently right if properly performed, and yet be, if performed in a culpably negligent manner resulting in injury to another, a misfeasance or trespass as to such person. Brooks v. Hornbeck, Tex.Civ.App., 274 S.W. 162 . It is pointed out in the Brooks case that the rule stated is not in conflict with the case of Connor v. Saunders, 81 Tex. 633 , 17 S.W. 236 . The Brooks case was cited with approval in Meredith v. McClendon, 130 Tex. 527 , 111 S.W.2d 1062 . It has been cited by the courts of civil appeals in the following cases: Latta v. Bier, Tex.Civ. App., 281 S.W. 240 ; English v. Miller, Tex. Civ.App., 33 S.W.2d 477 ; Wiese v. Becker, Tex.Civ.App., 294 S.W. 991 ; Rigby v Gaines, Tex.Civ.App., 6 S.W.2d 422 ; McCrary v. Coates, Tex.Civ.App., 38 S.W.2d 393 ; Brown v. Calhoun, Tex.Civ.App., 22 S.W.2d 757 ; Frnka v. Beaumert, Tex.Civ. App., 290 S.W. 808 ; Texas Auto Co. v. Clark, Tex.Civ.App., 12 S.W.2d 655 ; Barnes v. Moro, Tex.Civ.App., 76 S.W.2d 831 ; Standard Accident Insurance Co. v. Pennsylvania Car Co., Tex.Civ.App., 15 S.W.2d 1081 ; Edwards v. Hawkins, Tex. Civ.App., 77 S.W.2d 1098 ; Prince v. Miller, Tex.Civ.App., 131 S.W.2d 1077 ; Odom v. Parker, Tex.Civ.App., 173 S.W.2d 328 . “It was ruled in the case of Murray v. Oliver, Tex.Civ.App., 61 S.W.2d 534, 536 , that: “ ‘The driving of a heavily loaded truck on a publ”
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.