Hirshfeld v. . Fitzgerald’s Empirical Analysis
1898
Citation profile
14 federal appellate · 89 state decisions
How this case has been cited
Cited by 109 later decisions — most recently May 1962 · most notably Ga Nun v. . Palmer (1916), Pearson v. Mulloney (1935)
14 federal appellate · 89 state decisions — followed in 12 states
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.
Appellate journey
reviewedHirshfeld v. Bopp
Relationships
Relies on Brinckerhoff v. . Bostwick · Terry v. Little · McGean v. Metropolitan Elevated Railway Co. · Otten v. Manhattan Railway Co. · Kerr v. . Blodgett
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 109 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is true that at any time before judgment the original plaintiff, before the others were made parties, could have discontinued the suit, or could have settled his individual damages with the defendants, and have executed a release, which would have been effectual as to him. But, if he had prosecuted the action to judgment, then the judgment would have been for the benefit of all the stockholders, and he would then have ceased to have control over it, because the rights of the other stockholders would at once have attached thereto. The bringing of the action by the original plaintiff did not prevent the other stockholders from bringing similar actions. But the moment a judgment should be recovered in one action for the benefit of all the stockholders, the proceedings in all the others would be stayed.””
1 later decision quote this exact passage · from the majoritye.g. Bernheim v. Wallace
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.