179 W. Va. 585 - Sewell v. Gregory’s Empirical Analysis
1988
Citation profile
4 federal appellate · 85 state decisions
How this case has been cited
Cited by 103 later decisions — most recently November 2017 · most notably 182 W. Va. 597 - Board of Education v. Zando, Martin & Milstead, Inc. (1990), 196 W. Va. 692 - Powderidge Unit Owners Ass'n v. Highland Properties, Ltd. (1996)
4 federal appellate · 85 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 92 Ill. 2d 171 - Redarowicz v. Ohlendorf · 162 W. Va. 857 - Morningstar v. Black & Decker Manufacturing Co. · Coburn v. Lenox Homes, Inc. · Barnes v. Mac Brown and Company, Inc. · McDonald v. Mianecki
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 103 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The ultimate test of the existence of a duty to use care is found in the foreseeability that harm may result if it is not exercised. The test is, would the ordinary man in the defendant’s position, knowing what he knew or should have known, anticipate that harm of the general nature of that suffered was likely to result?”
20 later decisions quote this exact passage“[wjhere a cause of action is based on tort ..., the statute of limitations does not begin to run until the injured person knows, or by the exercise of reasonable diligence should know, of the nature of his injury, and determining that point in time is a question of fact to be answered by the jury.”
5 later decisions quote this exact passage“[i]n the matters of negligence, liability attaches to a wrongdoer . . . because of a breach of duty which results in an injury to others.”
3 later decisions 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.