Wisdom v. Bernhardt’s Empirical Analysis
1935
Citation profile
3 federal appellate · 14 state decisions
How this case has been cited
Cited by 17 later decisions — most recently July 1970
3 federal appellate · 14 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 Linden v. Miller · Prickett v. Sulzberger & Sons Co. · Harris v. Misssouri, K. & T. Ry. Co. · Osborne v. Charbneau · Missouri, K. & T. Ry. Co. v. Shepherd
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.
““What is or is not negligence is ordinarily a question ("of fact) for the jury, and not the court. Where the standard of duty is not fixed but variable, and shifts with the circumstances of the ease, it is incapable of being determined as a matter of law, and where there is sufficient evidence, must be submitted to the jury to determine what it is and whether it has been complied with.””
1 later decision quote this exact passage · from the majority““It is only in cases where the facts are such that all reasonable men must draw the same conclusions from them that the question of negligence becomes one of law for the court, and then only when no recovery can be had upon any view which can properly be taken of the facts which the evidence tends to establish.””
1 later decision 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.