Allman v. Bird’s Empirical Analysis
1960
Citation profile
6 federal appellate · 2 district · 17 state decisions
How this case has been cited
Cited by 27 later decisions — most recently March 2018 · most notably 5 Kan. App. 2d 739 - Atkinson v. Orkin Exterminating Co. (1981), Johnson v. Colt Industries Operating Corp. (1986)
6 federal appellate · 2 district · 17 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 Frazier v. Cities Service Oil Co. · Watkins v. Layton · Will v. Hughes · Motor Equipment Co. v. McLaughlin · Moffet v. Kansas City Fire & Marine Insurance
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.
“realized the imminence of injury to others from his acts and ... refrained from taking steps to prevent injury because indifferent to whether it occurred or not.”
3 later decisions quote this exact passage““. . . The rule is too well settled in this state to admit of modification or change, that in all actions to recover damages for negligence, where actual damages are recoverable, the plaintiff is entitled to recover exemplary damages if the negligence be so gross as to amount to wantonness. (Cases cited.) The term ‘wantonness’ as here used does not necessarily mean malice, but a reckless disregard of the rights of others.” (l. c. 662, 663.)”
2 later decisions quote this exact passage““. . . Such damages are allowable not because of any special merit in the plaintiff’s case, but are imposed by way of punishing the defendant for malicious, vindictive or a willful and wanton invasion of the plaintiff’s rights, the purpose being to restrain him and deter others from the commission of like wrongs. Such damages are only given where malice, fraud or a willful and wanton disregard of the rights of others enter into the case. . . .” (p. 150.)”
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.