Smith v. Thompson’s Empirical Analysis
1938
Citation profile
7 state decisions
How this case has been cited
Cited by 7 later decisions — most recently June 1981
7 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 Davis v. Alexandria & W. Ry. Co. · Jeter v. Texas & P. Ry. Co. · Adler & Co. v. Moses · Campbell Co. v. Texas P. Ry. Co. · Jackson v. Texas & P. Ry. 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Act No. 110 of 1886 encourages railroads to adequately and properly fence their rights of way, which are their private property, by offering freedom from responsibility for the killing of stock thereon when so fenced. If advantage is not taken of those statutory provisions the presumption of liability under said Act No. 70 of 1886 is imposed and attaches.”
1 later decision quote this exact passage“It is well recognized that fog and rain prevent a locomotive's operators from having good visibility of the tracks ahead, just as does the presence of a curve when the train is traveling at night; yet the courts have held on several occasions that a railroad company is not required to slow its train during rainy or foggy weather,”
1 later decision quote this exact passage“no responsibility on the part of railroad companies for the killing or injury of stock where said railroad companies have their line of track fenced in and kept in good order, and have erected and maintained, in good order, suitable cattle-guards at crossings.”
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.