18 Cal. App. 468 - Tognazzini v. Freeman’s Empirical Analysis
1912
Citation profile
37 state decisions
How this case has been cited
Cited by 37 later decisions — most recently December 1993 · most notably 6 Cal. 4th 965 - Potter v. Firestone Tire & Rubber Co. (1993), Douglas v. Southern Pacific Co. (1928)
37 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 Smith v. Whittier · Harrington v. Los Angeles Railway Co. · Stephenson v. S. Pac. Co. · Holwerson v. St. Louis & Suburban Railway Co. · Esrey v. Southern Pacific Co.
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Ordinarily, and likewise in the law, there is a decided and well-defined distinction between mere ‘negligence’ and ‘willfulness’. Negligence is opposed to diligence, and signifies the absence of care. It is negative in its nature, implying a failure of duty, and excluding the idea of intentional wrong; and it follows that the moment a person wills to-do an injury, he ceases to be negligent.””
1 later decision quote this exact passage““The complaint in every action should be founded upon a theory; and the plaintiff is entitled to have the.jury instructed by the trial court upon the law applicable to the theory upon which the cause of action is founded. Buena Vista, etc., Co. v. Tuohy, 107 Cal. 243 , 40 Pac. 386 ; Renton Holmes Co. v. Monnier, 77 Cal. 449 , 19 Pac. 820 ; Buckley v. Silverberg, 113 Cal. 673 , 45 Pac. 804 .””
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.