Creech v. Thompson’s Empirical Analysis
1957
Citation profile
56 state decisions
How this case has been cited
Cited by 58 later decisions — most recently September 1995 · most notably Texas & Pacific Railway Company v. McCleery (1967), Safeway Stores, Inc. v. White (1961)
56 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 Ford v. Panhandle & Santa Fe Railway Co. · Turner v. Texas Co. · Texas & New Orleans Railroad v. Grace · Hines v. Arrant · Texas N. O. R. Co. v. Goodwin
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Our actual problem is largely one of permissible reasoning on the part of the jury by way of inference from circumstances in evidence and reliance on part of the testimony while disregarding contrary parts of it. In keeping with the familiar rule for testing a verdict for ‘no evidence’, we accept the evidence and permissible inferences therefrom most favorable to the verdict * * * ””
2 later decisions quote this exact passage · from the majority““ . . . the jury could properly have reasoned that, the deceased being ‘safely’ visible for three-fourths of a mile to a person in the situation of the train operatives, and the latter — particularly the fireman- — actually looking down the track, as their duty required them to do and as the fireman said they were, they must have seen and realized the peril of the deceased . . . ””
1 later decision quote this exact passage · from the majoritye.g. Fish v. Ovalle““The fact of timely ‘realization’ on the part of the train operatives, like that of whether they thereafter diligently used the means at hand, may be established by circumstances, with or without aid of their own testimony. And as to the latter, the jury may believe it in part while rejecting it in another part.””
1 later decision quote this exact passage · from the majoritye.g. Fish v. Ovalle
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.