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← 156 Cal. 636 - Rudd v. Byrnes

Rudd v. Byrnes’s Empirical Analysis

1909

Citation profile

52
cited by 52 later decisions
9
states following
January 1973
most recently cited

3 federal appellate · 44 state decisions

How this case has been cited

Cited by 52 later decisions — most recently January 1973 · most notably 33 Cal. 2d 80 - Summers v. Tice (1948), Davenport v. Stratton (1944)

3 federal appellate · 44 state decisions

20019091910192019301940195019601970decided

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 Johnson v. Vance · Studer v. Southern Pacific Co. · Morgan v. Cox · Wright v. Clark · Cooke v. Spears

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.

  1. “'As firearms are extraordinarily dangerous, a person who handles such a weapon is bound to use extraordinary care to prevent injury to others, and is held to strict accountability for a want of such care.' (12 Am. & Eng. Ency. of Law, 2d ed. p. 518; Bahel v. Manning, 112 Mich. 24 [ 70 N.W. 327 , 67 Am.St.Rep. 381 ]; Judd v. Ballard, 66 Vt. 688 [ 30 A. 96 ]; Moebus v. Becker, 46 N.J.L. 41 ; Morgan v. Cox, 22 Mo. 373 [66 Am.Dec. 623].) One who causes injury to another by discharging a firearm must, in order to excuse himself from liability, show that he was absolutely without fault. (12 Am. & Eng. Ency. of Law, 2d ed., p. 519; Bahel v. Manning, 112 Mich. 24 [ 70 N.W. 327 , 67 Am.St.Rep. 381 ]; Morgan v. Cox, 22 Mo. 373 [66 Am.Dec. 623]; Rally v. Ayers, 3 Sneed 677 ; Wright v. Clark, 50 Vt. 130 [ 28 Am.Rep. 496 ].)”
    1 later decision quote this exact passage
  2. “This court, very early in its history, established the rule that the refusal of leave to plead the bar of the statute of limitations by way of amendment to an answer already filed will not be regarded as an abuse of discretion, unless it is made to appear that the amendment will be in furtherance of justice.”
    1 later decision quote this exact passage
  3. “The standard of care required of persons under given circumstances is not to be established by proof that others have been in the habit of acting in a certain manner.”
    1 later decision quote this exact passage

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.