Blackmore v. Auer’s Empirical Analysis
1960
Citation profile
6 federal appellate · 6 district · 72 state decisions
How this case has been cited
Cited by 86 later decisions — most recently August 2011 · most notably Durflinger v. Artiles (1983), Jackson v. City of Kansas City (1984)
6 federal appellate · 6 district · 72 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 Palsgraf v. Long Island R.R. Co. · Atchison Ry Co v. Toops · Kendrick v. Atchison, Topeka & Santa Fe Railroad · Hickert v. Wright · Kleppe v. Prawl
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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The assumption of the usual risks of an employment is not ordinarily a jury question. It is a matter of law. It is only where the risk is or may be unusual that a jury question can arise; and even in such cases, if the risk though unusual is obvious, such as an ordinarily prudent man could appreciate and understand, the workman who persists in the employment assumes the risk of it. Lively v. Railway Co., 115 Kan. 784 , 225 Pac. 103 , and authorities cited therein." (pp. 444, 445.)”
6 later decisions quote this exact passage · from the majority“"[a]n act is wrongful, or negligent, only if the eye of vigilance, sometimes referred to as the prudent person, perceives the risk of damage. The risk to be perceived defines the duty to be obeyed, and risk imports relation; it is risk to another or to others within the range of apprehension. ( Palsgraf v. Long Island R.R. Co., 248 N.Y. 339 , 162 N.E. 99 , 59 A.L.R. 1253 )."”
4 later decisions quote this exact passage · from the majority““The vigor of the rule heretofore stated in testing the sufficiency of the evidence on demurrer yields to the impact of admissions made by a party in his testimony while a witness in the case, and such admissions, frequently spoken of as informal admissions, are binding and conclusive upon him if uncontradicted or unexplained, whether such admissions are elicited on direct examination or on cross examination of the party. . . .” (pp. 441, 442.)”
2 later decisions quote this exact passage · from the majority
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.