Smith v. Mann’s Empirical Analysis
1931
Citation profile
1 district · 26 state decisions
How this case has been cited
Cited by 27 later decisions — most recently February 1987 · most notably Ash v. Mortensen (1944), Thompson v. Fox (1937)
1 district · 26 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 Texas Pacific Railway Company v. Clara Hill · Wheat v. Carter · Goss v. Goss · Viita v. Fleming · Martin v. Cunningham
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Plaintiff’s general release operated not only in personam on the releasees and their liability, but also in rem on the releasor’s cause of action. The decisive thing now is not whether plaintiff actually-released this defendant, or intended to do so, or got full compensation, but rather and only whether she has discharged her whole cause of action. That she did so is plain. The destruction of it is the primary result from which follows necessarily the secondary one of releasing all the wrongdoers, whether their wrongs were concurrent or successive. The entire cause of action being gone, no one can remain liable. [Citing cases.] # * # * * “* * * If the instrument be in fact a release, it discharges all parties liable for the injury. If in such a case as this it is desired to come to an accommodation with the original wrongdoer, saving to the injured person a cause of action, if any, against the attending physician or surgeon, it may be done by the use of á covenant not to sue. [Citing cases.]””
2 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.