Kennedy v. McElroy’s Empirical Analysis
1954
Citation profile
3 federal appellate · 26 state decisions
How this case has been cited
Cited by 31 later decisions — most recently April 2016 · most notably Infant C. v. Boy Scouts of America, Inc. (1990), Romanesk v. Rose (1968)
3 federal appellate · 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 Boggs v. Plybon · McDowell v. Dye · Alspaugh v. Diggs · G. Crabtree v. E. Dingus & T. Salyers · Sibley v. SLAYTON 193 Va. 470
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Gross negligence, like all other kinds of negligence, is ordinarily a question of fact for the jury and only becomes a question of law for the court when, under the applicable rules of negligence, reasonable men should not differ as to the proper conclusion to be drawn from the evidence.”
1 later decision quote this exact passage · from the majoritye.g. Smith v. Prater“If it is shown that the conduct of the defendant was deliberate, that fact constitutes important evidence on the question of gross negligence.”
1 later decision quote this exact passage · from the majoritye.g. Smith v. Prater
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.