19 N.J. Super. 339 - Simpson v. Duffy’s Empirical Analysis
1952
Citation profile
6 federal appellate · 17 state decisions
How this case has been cited
Cited by 23 later decisions — most recently March 2014
6 federal appellate · 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 Morris v. King Cole Stores, Inc. · Moore v. American Stores Co. · Standard Oil Co. v. Gentry · Hansen v. Eagle-Picher Lead Co. · Oelschlaeger v. Hahne & 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * it is plain that to submit the question of whether or not the vegetable matter had been dropped by an employee of the store operator would be to authorize and direct the jury to decide the responsibility of the defendant on the basis of speculation and conjecture.”
2 later decisions quote this exact passage · from the majority“* * * However, there is no precise measure by which this duty of care can be applied. Perhaps the most specific definition of ordinary or reasonable care is care commensurate with the particular risk involved, or care graduated according to the danger attendant upon the activity pursued. Goldberg v. New York Tel. Co., 2 N.J. Misc. 449 ( Sup. Ct. 1924); Blumenfeld v. Hudson & Manhattan Railroad Co., 89 N.J.L. 580 , 99 A. 321 ( E. & A. 1916); 38 Am. Jur., Negligence, secs. 29, 31, pp. 673, 677. * * *”
1 later decision quote this exact passage · from the majority“no facts were adduced [in Simpson ] from which an inference could be drawn that it [the vegetable leaf] had reposed there for such time as would have permitted the store operator to have discovered and removed it, had the duty of reasonable inspection been fulfilled.”
1 later decision 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.