Clark v. Goodwin’s Empirical Analysis

Citation profile

7 federal appellate · 28 state decisions

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

1. ““This is an action to recover for death by wrongful act. The right of action for wrongful death is created by statute, and the action abates upon the death of the wrongdoer unless statutory authority for survival of the action can be found. At common law an action for death by wrongful act abated upon the death of the injured person or upon the death of the wrongdoer. That situation obtained in England until the passage of Lord Campbell’s Act. By our statute, first enacted in 1854, a right of action is given for the death of a person caused by the wrongful act, neglect, or default of another. “ ‘When the death of a person is caused by the wrongful act, neglect or default of another his personal representative may maintain an action for damages against the person causing the death. * * * ’ Section 183, Rem.Comp.Stat. “By virtue of that statute an action for the death of a person may be maintained against the tort-feasor. Neither the terms of that statute nor the statute on survival of actions, “ ‘All other causes of action [than those enumerated in § 183] by one person against another, whether arising on contract or otherwise, survive to the personal representatives of the former and against the personal representatives of the latter. Where the cause of action survives as herein provided, the executors or administrators may maintain an action at law thereon against the party against whom the cause of action accrued, or after his death against his personal representatives.’ Sec”

   2 later decisions quote this exact passage
   e.g. McLellan v. Automobile Ins. Co. · Vela v. Government Employees Insurance

2. ““The only question on this appeal is whether the cause of action so given survives the death of the person who wrongfully or negligently causes the death on account of which damages are claimed. Admittedly it does not survive the death of the wrongdoer if the well-settled common-law rule relative to abatement of a cause of action for damages or injuries to person on the death of the wrongdoer has not been changed by statute in this state. * * * “Nothing was more firmly settled at common law than the rule that such a cause of action, except under certain circumstances which do not exist here, does not survive the death of either the person to or by whom the wrong was done. This rule exists here, except in so far as it has been modified or abolished by statute. * * * “The authorities are uniform in supporting the conclusion we have reached, that under such statutes as ours the cause of action for damages for the death of her husband given plaintiff by section 377, Code of Civil Procedure, abated with the death of the alleged wrongdoer prior to action brought, and that such action cannot be maintained against his personal representatives.””

   2 later decisions quote this exact passage
   e.g. McLellan v. Automobile Ins. Co. · 15 Cal. 4th 288 - Sullivan v. Delta Air Lines, Inc.

3. ““ ‘An action or proceeding does not abate by the death * * * of a party, * * * if the cause of action survive. * * * [Code of Civil Procedure, Sec. 385.]’ “This refers only to actions or proceedings instituted prior to the death of a party, applies only where the cause of action survives, and does not purport to in any way change any existing rule as to survival of causes of action.” (Italics our own.)”

   1 later decision quote this exact passage
   e.g. McLellan v. Automobile Ins. Co.