Southern Pac Co v. Pool’s Empirical Analysis
160 U.S. 438 · 1896
Citation profile
151 federal appellate · 7 district · 11 state decisions
How this case has been cited
Cited by 197 later decisions (9 by the Supreme Court) — most recently June 2010 · most notably Gunning v. Cooley (1930), Slocum v. New York Life Insurance (1913)
151 federal appellate · 7 district · 11 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 Union Pac Ry Co v. McDonald · Delaware Co v. Converse · Elliott v. Chicago M St P Ry Co · Board of County Com'rs of the County of Anderson v. Beal
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 197 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There can be no doubt where evidence is conflicting that it is the province of the jury to determine from such evidence the proof which constitutes negligence. There is also no doubt, where the facts are undisputed * * * that the question of negligence is one of law.””
3 later decisions quote this exact passage · from the majority“‘‘There can be no doubt where evidence is conflicting that it is the province of the jury to determine, from such evidence, the proof which constitutes negligence. There is also no doubt, where the facts are undisputed or clearly preponderant, that the question of negligence is one of law. Union Pacific Railway Company v. McDonald, 152 U. S. 262 , 283 [ 14 Sup. Ct. 619 , 38 L. Ed. 434 ], The rule is thus announced in that-case: ‘Upon the question of negligence * * * the court may withdraw a case from the jury altogether, and direct a verdict for the plaintiff or the defendant, as the one or the other may be proper, where the evidence is undisputed, or is of such conclusive character that the court, in the exercise of a sound judicial discretion, would be compelled to set aside a verdict returned in opposition to it. Delaware, Lackawanna, etc., Railroad v. Converse, 139 U. S. 469 , 472 [ 11 Sup. Ct. 569 , 35 L. Ed. 213 ], and authorities there cited; Elliott v. Chicago, Milwaukee & St. Paul Railway, 150 U. S. 245 [ 14 Sup. Ct. 85 , 37 L. Ed. 1068 ]; Anderson County Commissioners v. Beal, 113 U. S. 227 , 241 [ 5 Sup. Ct. 433 , 28 L. Ed. 966 ].’ ””
2 later decisions quote this exact passage · from the majority
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.