Ake v. Birnbaum’s Empirical Analysis
1945
Citation profile
6 federal appellate · 52 state decisions
How this case has been cited
Cited by 66 later decisions (2 by the Supreme Court) — most recently June 2007 · most notably The M/v 'Tungus' v. Skovgaard E (1959), 314 So. 2d 765 - Martin v. United Security Services, Inc. (1975)
6 federal appellate · 52 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 Waller v. First Savings & Trust Co. · Florida East Coast Ry. Co. v. McRoberts · Florida East Coast Railway Co. v. Hayes · Louisville & Nashville Railroad v. Jones · International Shoe Co. v. Hewitt
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"No action for personal injuries and no other action shall die with the person, and all actions shall survive and may be instituted, maintained, prosecuted and defended in the name of the personal representative of the deceased, or in the name of such other person as may be provided by law." (Gen.Laws Ch. 26541, 1951.) (Emphasis added.)”
2 later decisions quote this exact passage“It will be observed that the statute gives a right of action to certain statutory beneficiaries for the recovery of damages suffered by them by reason of the death of the party killed; but it makes no provision for the recovery of the damages suffered by the injured person by reason of the injury inflicted upon him. Nor was the death by wrongful act statute ever intended to afford such a remedy. It was not the purpose of the statute to preserve the right of action which the deceased had and might have maintained had he simply been injured and lived; but to create in the expressly enumerated beneficiaries an entirely new cause of action, in an entirely new right, for the recovery of damages suffered by them, not the decedent, as a consequence of the wrongful invasion of their legal right by the tortfeasor.”
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.