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← 176 MISC 647 - Miller v. Gallagher

Miller v. Gallagher’s Empirical Analysis

1941

Citation profile

8
cited by 8 later decisions
3
states following
February 1977
most recently cited

2 district · 4 state decisions

How this case has been cited

Cited by 8 later decisions — most recently February 1977

2 district · 4 state decisions

401941195019601970decided

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 Thornhill v. Alabama · Milk Wagon Drivers Union of Chicago Local 753 v. Meadowmoor Dairies · May's Furs & Ready-To-Wear, Inc. v. Bauer · Busch Jewelry Co. v. United Retail Employees' Union Local 830 · J. H. & S. Theatres, Inc. v. Fay

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

  1. ““To make such a finding [that, no adequate 'protection was furnished], the record would have to show acts of repeated violence which have gone unpunished or undealt with because of the lethargy or inability of the police to deal therewith. From the evidence here, no such inference can be drawn. On the contrary, in every reported case of violence, competent police action was immediately forthcoming; at least where the acts took place at the scene of the dispute. Nor were the acts of violence at the scene of the dispute so numerous as to create the kind of hopeless confusion which would render it difficult for the police to act. The criminal law is a standing injunction against violence and the criminal courts, as an original matter, are the proper forum in which defendants, who have breached the peace, must be charged and heard. “To substitute a court of equity in the performance of the duties of a criminal court is a grave responsibility and one to be shunned by a court of equity, in the light of the declared statutory policy of the state. The view is not without supporting authority that even without this declared policy, wise judicial administration of justice would have advanced the cause of better employer-employee relations by displaying greater diffidence in entering the arena of the industrial dispute armed with the injunctive process. “While it was said by Mr. Justice Frankfurter in the Mead-owmoor case that the courts ‘find nothing in the Fourteenth Amendment that pr”
    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.