150 Ind. App. 487 - Britt v. Sears’s Empirical Analysis
1971
Citation profile
2 district · 46 state decisions
How this case has been cited
Cited by 52 later decisions — most recently July 2010 · most notably Summerfield v. Superior Court, Maricopa Cty. (1985), Bolin v. Wingert (2002)
2 district · 46 state decisions — followed in 12 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 Reed v. Reed · Levy v. Louisiana Ex Rel. Charity Hospital · Glona v. American Guarantee & Liability Insurance · Labine v. Vincent · Verkennes v. Corniea
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“concluded that a 'full term healthy male capable of independent life was a 'child within the meaning of the statute.'”
2 later decisions quote this exact passage“[Whe find no objective reason for saying that the 1881 Legislature which gave the father the right to "maintain an action for the injury or death of a child" did not intend "child" to include a stillborn child. Whatever was in their minds is not recorded and is, at best, a matter of mere supposition. But if we may, ar-guendo, indulge in our own supposition it would be this: That since actions for pre-natal injuries and deaths were then unknown in Indiana jurisprudence our lawmakers very probably gave no thought to whether they were creating an action for pre-natal injury or prenatal death, or whether their word "child" was the same word "child" so often used in referring to a pregnant woman as being "with child."”
1 later decision quote this exact passagee.g. Bolin v. Wingert“The father and mother jointly, or either of them by naming the other parent as a co-defendant to answer as to his or her interest, or in case of divorce or dissolution of marriage the person to whom custody of the child was awarded, may maintain an action for the injury or death of a child; and a guardian may maintain such action for the injury or death of his ward; in case of death of the person to whom custody of the child was awarded, a guardian shall be appointed to maintain an action for the injury or death of his ward. But when the action is brought by the. guardian for an injury to his ward, the damages shall inure to the benefit of his ward.”
1 later decision quote this exact passagee.g. Bolin v. Wingert
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.