Pollak v. Winter’s Empirical Analysis
1910
Citation profile
37 state decisions
How this case has been cited
Cited by 37 later decisions — most recently July 1980 · most notably Protective Life Ins. Co. v. Swink (1931), New York Life Ins. Co. v. Beason (1934)
37 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 Lent v. New York & Massachusetts Railway Co. · Great Western Railroad v. Bacon · Rice v. Schloss & Kahn · Van Giesen v. . Van Giesen · Cook & Co. v. Malone & Sons
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““As a general rule the burden of proving a negative averment is not upon the plaintiff, but this rule does not seem to prevail in actions upon an open account, as distinguished from a stated or uncontroverted one; and when suit is brought upon an open account the plaintiff does not overcome the burden by merely showing the rendition of service and. the value of same, but must offer some proof that it was not paid for when rendered or when due.””
1 later decision quote this exact passagee.g. Buckner v. Graves
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.