Chicago, Milwaukee & St. Paul Railway Co. v. Clark’s Empirical Analysis
178 U.S. 353 · 1900
Citation profile
71 federal appellate · 5 district · 86 state decisions
How this case has been cited
Cited by 194 later decisions (5 by the Supreme Court) — most recently December 2004 · most notably Weil v. Neary (1929), David Lupton's Sons Company v. Automobile Club of America (1912)
71 federal appellate · 5 district · 86 state decisions — followed in 21 states
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.
Appellate journey
reviewedChicago, M. & St. P. Ry. Co. v. Clark (from Second Circuit Court of Appeals)
Relationships
Relies on Fire Insurance Ass'n v. Wickham · Fuller v. . Kemp · United States v. Bostwick · 2 E.H. Smith 326 - Nassoiy v. . Tomlinson
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 194 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The result of the modern cases is that the rule only applies when the larger sum is liquidated, and when there is no consideration whatever for the surrender of part of it; and while the general rule must be regarded as well settled, it is considered so far with disfavor as to be confined strictly to cases within it.”
5 later decisions quote this exact passage · from the majority““If there be a bona fide dispute as to the amount due, such dispute may be the subject of a compromise and payment of a certain sum as a satisfaction of the entire claim, but where the larg'er sum is admitted to be due, or the circumstances of the ease show that there was no good reason to doubt that it was due, the release of the whole upon payment of part will not be considered as a compromise, but will be treated as without consideration and void.””
3 later decisions quote this exact passage · from the majority“And the cases are many in which it has been held that where an aggregate amount is in dispute, the payment of a specified sum conceded to be due, that is, by including certain items but excluding disputed items, on condition that the sum so paid shall be received in full satisfaction, will be sustained as an extinguishment of the whole. 40 * * * * * * 41”
3 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.