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← 157 Or. 549 - Scott v. Brogan

Scott v. Brogan’s Empirical Analysis

1937

Citation profile

5
cited by 5 later decisions
1
states following
June 1952
most recently cited

3 district · 2 state decisions

Relationships

Relies on Gasoline Products Co. v. Champlin Refining Co. · Perham v. Portland Electric Co. · Chow v. Brockway · Perkins v. Brown · Gillilan v. Portland Crematorium Assn.

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““After a careful and attentive examination and review of the authorities, we are of the opinion that the proper measure of damages, under our statute, is the pecuniary loss suffered by the estate, without any solatium for the grief and anguish of surviving relatives or pain and suffering of the deceased; and that loss is what the deceased would have probably earned by his intellectual or bodily labor in his business or profession during the residue of his life, and which, as representing his net savings, would have gone for the benefit of his estate, taking into consideration his age, ability, and disposition to labor, and his habits of living and expenditure.””
    1 later decision quote this exact passage
  2. ““When the death of a person is caused by the wrongful act or omission of another, the personal representatives of the former for the benefit of the widow or widower and dependants and in case there is m> widow or widower, or surviving dependents, then for the benefit of the estate of the deceased may maintain an action at law therefor against the latter, if the former might have maintained an action, had he lived, against the latter, for an injury done by the same act or omission. Such action shall be commenced within two years after the death, and damages therein shall not exceed $10,000-.””
    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.