147 W. Va. 575 - Lester v. Rose’s Empirical Analysis
1963
Citation profile
82 state decisions
How this case has been cited
Cited by 86 later decisions — most recently May 2015 · most notably 193 W. Va. 229 - McDougal v. McCammon (1995), 158 W. Va. 741 - Long v. City of Weirton (1975)
82 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 147 W. Va. 484 - Cotiga Development Co. v. United Fuel Gas Co. · 146 W. Va. 231 - Preston County Coke Co. v. Preston County Light & Power Co. · 142 W. Va. 303 - State v. Morris · 144 W. Va. 178 - State Ex Rel. Shatzer v. Freeport Coal Co. · 137 W. Va. 501 - Oates v. Continental Insurance Co.
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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The Court instructs the jury that if you believe from a preponderance of all the evidence in these cases that the combined negligence, if any, of Maust Coal and Coke Corporation, Eugene McKenzie and Thomas McKenzie, formerly engaged in business as Sugar Grove Coal Company, and H. P. Thomas and Summersville Coal Company, a corporation, proximately caused or proximately contributed to the cut-through from Saxsewell No. 8 Mine into the abandoned workings of the Sugar Grove Coal Company No. 4 mine which caused a flooding of the mine and the resulting death of the plaintiffs’ decedents, then your verdict shall be for each of the plaintiffs and against all the defendants, unless you further believer (sic) from a preponderance of the evidence that the plaintiffs’ decedents were guilty of negligence which proximately contributed to their deaths.””
1 later decision quote this exact passage · from the dissent“In an action in behalf of a father for [a railroad] killing his son by wrongful act or negligence, the jury is not confined to compensative damages for mere pecuniary injury, but may consider the sorrow, the mental distress, and bereavement of the father.”
1 later decision quote this exact passage · from the dissent“in every such action the jury shall give such damages as they shall deem fair and just, not exceeding five thousand dollars.”
1 later decision quote this exact passage · from the dissent
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.