Intermill v. Heumesser’s Empirical Analysis
1964
Citation profile
5 federal appellate · 2 district · 21 state decisions
How this case has been cited
Cited by 29 later decisions — most recently January 2018 · most notably Malandris v. Merrill Lynch, Pierce, Fenner & Smith Inc. (1981), Blaine v. Byers (1967)
5 federal appellate · 2 district · 21 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 Newbury v. Vogel · Lasnetske v. Parres · Carr v. Boyd · Kelly v. City of Spokane · Norland v. Peterson
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * [WJhere a pre-existing diseased condition exists, and where after trauma aggravating the condition disability and pain result, arid ho apportionment of the disability between that caused by the pre-existing condition and that caused by the trauma can be made, in such case, even though a portion of the present and future disability is directly attributable to the pre-existing condition, the defendant, whose act of negligence wás the cause of the trauma, is responsible for the entire damage.” Newbury v. Vogel, 151 Colo. 520, 524 , 379 P.2d 811, 813 . (Emphasis added). See also Intermill v. Heumesser,- Colo. -, 391 P.2d 684 ; Wise v. Carter, 119 So. 2d 40 (Fla. 1960). Fifth, defendant argues that the lower court com mitted error by “numerous and repetitious instructions relative to damages which over-emphasized the amount of damages to be awarded.” We have carefully reviewed all the instructions and find no prejudicial error.”
1 later decision quote this exact passagee.g. Kawamoto v. Yasutake“The practice of using these demonstrative aids should be encouraged since they give the jury and the court a clear comprehension of the physical facts, certainly much clearer than one would be able to describe in words.”
1 later decision quote this exact passagee.g. State v. Henry“An x-ray picture of a part of the body of a stranger to the action may be admitted to enable the jury to compare it with the abnormal condition shown on the picture of the plaintiff.”
1 later decision quote this exact passagee.g. State v. Henry
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.