Tollett v. Mashburn’s Empirical Analysis
1960
Citation profile
4 federal appellate · 4 state decisions
Relationships
Relies on Mahoney v. Roberts · Jefferson v. Nero · 115 F. Supp. 802 - Ketcher v. Sheet Metal Workers' International Ass'n · St. Louis, Iron Mountain & Southern Railway Co. v. Robertson · St. Louis, Iron Mountain & Southern Railway Co. v. Mynott
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘The husband’s right of action for the loss of services and expense in caring for his wife is concomitant with and dependent upon an actionable injury to her. To recover he must prove in the first instance all that his wife would have to prove in order to recover. If the plaintiff’s contention is sustained, the analogous situation arises that the main action is barred and the dependent action may be prosecuted notwithstanding. ’ ’ ’”
1 later decision quote this exact passagee.g. Sisemore v. Neal““Unless the defendants are liable to the plaintiff, Berthenia Tollett, they cannot be liable to her husband, Kelsio Tollett. Without doubt the claim of Berthenia Tollett is barred by the Statute of Limitations, and, since it is barred, the claims of Kelsie Tollett for damages, if any, arising from the assault and battery are likewise barred. ’ ’”
1 later decision quote this exact passagee.g. Sisemore v. Neal
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.