Freche v. Mary’s Empirical Analysis
1944
Citation profile
16 state decisions
How this case has been cited
Cited by 17 later decisions — most recently October 1997
16 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 Loudon v. Scott · State v. Lowenstein · McGraw v. Kerr · Moore v. Smith · Armstrong v. Armstrong
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The rule is well established that a physician or dentist cannot be held liable for the death of a patient under his treatment, where there is no evidence to show negligence or lack of skill on his part, sufficient to overcome the prima facie case in his favor made by the evidence that the treatment adopted by him was the usual and customary one. The fact that a patient died under such circumstances does not raise any presumption of negligence or lack of skill on his part. Hoover v. Buckman, 194 Ill. App. 308 ; Edwards v. Uland, 193 Ind. 376 , 140 N.E. 546 ; Moore v. Smith, 215 Ala. 592 , 111 So. 918 ; McGraw v. Kerr, 23 Colo. App. 163 , 128 P. 870 ; King v. Belmore, 248 Mass. 108 , 142 N.E. 911 ; Loudon v. Scott, 58 Mont. 645 , 194 P. 488 , 12 A.L.R. 1487 ; Hoffman v. Watkins, 78 Wn. 118 , 138 P. 664 ; Miller v. Toles, 183 Mich. 252 , 150 N.W. 118 , L.R.A. 1915C, 595 ; Woodlawn Infirmary v. Byers, 216 Ala. 210 , 112 So. 831 ; Beckwith v. Boynton, 235 Ill. App. 469 ; Wilt v. McCallum, 214 Mo. App. 321 , 253 S.W. 156 ; Niebel v. Winslow, 88 N.J.L. 191 , 95 A. 995 ; Kuehnemann *Page 200 v. Boyd, 193 Wis. 588 , 214 N.W. 326 , 215 N.W. 455 ; McCoy v. Buck, 87 Ind. App. 433 , 157 N.E. 456 , 160 N.E. 46 ; Nixon v. Pfabler, supra; Blodgett v. Nevius, 189 Ill. App. 544 ; Wilkins v. Ferrell, 10 Tex. Civ. App. 231 , 30 S.W. 450 .”
1 later decision quote this exact passage““The rule is well established that a physician or dentist cannot be held liable for the death of a patient under his treatment, where there is no evidence to show negligence or lack of skill on his part, sufficient to overcome the prima facie case in his favor made by the evidence that the treatment adopted by him was the usual and customary one. The fact that a patient died under such circumstances does not raise any presumption of negligence or lack of skill on his part.” (Emphasis supplied.)”
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.