Allen v. Powell’s Empirical Analysis
1943
Citation profile
27 state decisions
How this case has been cited
Cited by 27 later decisions — most recently October 1968 · most notably 159 So. 2d 641 - Shaw v. Puleo (1964), 131 So. 2d 740 - Bennett v. Jacksonville Expressway Authority (1961)
27 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.
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Under the comparative negligence rule, Section 768.06, Florida Statutes of 1941 [F.S.A.], if the jury believed defendant's witness, there was no theory under which it could find a verdict against defendant if the death was caused by his own negligence as his evidence would seem to indicate. On the other hand, if it believed plaintiff's witness, there was shown to be no basis for the apportionment of damages. If death resulted in the manner testified by defendant's witness, the declaration would not support the judgment. There must be some rational predicate for a jury's verdict but in this state of the law, we fail to see it in this case." (Emphasis added.)”
2 later decisions quote this exact passage“an abiding conviction that the jury was confused as to the law governing their duty * * *”
1 later decision quote this exact passagee.g. Duquette v. Hindman
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.