Kellner v. Whaley’s Empirical Analysis
1947
Citation profile
46 state decisions
How this case has been cited
Cited by 46 later decisions — most recently July 2001 · most notably Brtek v. Cihal (1994), MacKiewicz v. JJ & ASSOCIATES (1994)
46 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 Tunison v. Chamblin · Smith v. Black · Brown v. Westerfield · Zumwalt v. Forbis · Shults v. Shults
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Blackie couldn't make it and he got caught and I pulled his foot to try and help him move and I guess it hurt him and he bit me”. The most persuasive evidence of scienter is defendant Hanson's undenied admission he knew Blackie had bitten two children and that "he should have got rid of it (the dog) before, but he never got around to it.” Defendant's extra-judicial statement was admissible as an exception to the hearsay rule. It was an expression of fact and not a mere opinion or legal conclusion. The rule is "Any statement made by or attributable to a party to an action which constitutes an admission against his interest and tends to establish or disprove any material fact in the case is competent evidence against him.”
1 later decision quote this exact passagee.g. Ross v. Hanson“An admission should possess the same degree of certainty as would be required in the evidence which it represents, and hence mere conjectures or suggestions as to what might have happened if certain circumstances had occurred, are not competent.”
1 later decision quote this exact passagee.g. Cain v. Killian
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.